FOREXer Advisory ADVISORY AGREEMENT. Last update of this DisclosureDocument is Aug 1 st, 2013.

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1 FOREXer Advisory ADVISORY AGREEMENT Last update of this DisclosureDocument is Aug 1 st, 2013.

2 TRADING ADVISORY AGREEMENT This Trading Advisory Agreement (the Agreement ) is entered into as of the Date: by and among Forexer Advisory, ( Trading Advisor ), and ( Client ). WHEREAS, Trading Advisor is engaged in the business of rendering systematic trading advice to clients in respect of over-the-counter spot currencies (collectively, Forex ); WHEREAS, Client desires to engage Trading Advisor for the purpose of obtaining Forex trading advice; and WHEREAS, Client desires to invest certain cash or other securities in Forex. NOW THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. Receipt of Disclosure Document. Client acknowledges that he/she has received, read, and understood the Trading Advisor Disclosure Document dated (as amended from time to time, Disclosure Document ) furnished by and pertaining to Forexer Advisory and has carefully considered the matters outlined and referred to therein in determining whether to open a Forex trading account advised by Trading Advisor. In entering this Agreement, Client has relied solely on the information contained in such Disclosure Document and understands that no one has been authorized by Trading Advisor to make statements in addition to, or inconsistent with, those contained in such Disclosure Document. Client shall execute and deliver to Trading Advisor the Acknowledgment of Receipt of Disclosure Document attached to this Agreement. 2. Appointment of Counterparty. Client shall deposit with Forex.com, Saxo bank or FOREX-er.com (a Counterparty ), cash for one or more trading accounts (collectively, the Account ), which shall be no less than the minimum amount permitted by Trading Advisor. Client agrees to promptly execute and deliver to Counterparty (with a copy to Trading Advisor) such account documentation as may be required by Counterparty to establish Client s trading account(s) on the books of Counterparty, and reasonably acceptable to Trading Advisor, whom Client shall give a reasonable opportunity to review such documentation in advance, unless waived by Trading Advisor. Client also hereby authorizes and directs Counterparty to automatically send copies of Client s Account statements to Trading Advisor and to allow Trading Advisor access to Client s Account information through Counterparty s web platform or other offered means. Page 2

3 3. Opening Account Size; Leverage Level; Additions and Withdrawals. A. Opening Account Size. The amount of cash that Client will initially deposit in the Account is $ 100,000 (the Opening Account Size ). Client hereby agrees that the full amount of the Opening Account Size, as adjusted for additions and withdrawals of funds and of trading profits and losses, shall be available to Trading Advisor for trading Forex for the benefit of the Account. B. Leverage Level. As disclosed generally in the Disclosure Document or in other supplemental disclosure provided by Trading Advisor from time to time, Client may elect to have Trading Advisor employ leverage in its trading system for the Account. Client has selected the following leverage level with the consent of Trading Advisor: X leverage (the Leverage Level ). Client acknowledges that leverage can work against the Account when the market is going against the Account s trades, and that in such circumstances leverage can increase the magnitude of losses relative to the equity in the Account, resulting in losses that may substantially exceed the amount invested. Client agrees that Client may not seek to amend the Leverage Level except with the prior written consent of Trading Advisor. C. Additions and Withdrawals. Client may add cash to the Account, and withdraw cash and from the Account, upon written notice to Trading Advisor. of additions or withdrawals may be permitted by Trading Advisor in its sole and absolute discretion. Net withdrawal proceeds will be paid as soon as reasonably practicable (generally within ten (10) calendar days following notice to Trading Advisor) following an orderly liquidation of Client s open Forex positions with due regard for liquidation prices, unless Client desires that net withdrawal proceeds be available to Client as soon as possible, in which case Client acknowledges and agrees that Trading Advisor shall liquidate all open Forex positions promptly, without regard to liquidation prices. In connection with Client s withdrawal request, Trading Advisor shall use reasonable efforts to take direction from Client as to when Client is requesting that net withdrawal proceeds be available to Client. As used herein, the term Business Day shall mean a day that banks in Switzerland are lawfully open for business (but excluding Saturdays and Sundays). 4. Authority of Trading Advisor. Client hereby grants to Trading Advisor complete investment and trading discretion with respect to trading in Forex contracts in the Account, and hereby authorizes Trading Advisor to supervise and manage the Account on its behalf. Trading Advisor will have discretionary authority to make all trading decisions for the Account, without prior consultation with Client and without prior notice to or approval from Client, subject to the terms of this Agreement. Client shall make no trading decisions for the Account. Trading Advisor is hereby appointed as Client s attorney-in-fact, Page 3

4 and is given full power and authority to trade Forex in the Account on Client s behalf. Client agrees to sign and deliver such other written authorizations and powers of attorney as may be requested by Trading Advisor, Counterparty or another person, to establish and document Trading Advisor s authority to provide advisory services to the Account as contemplated herein. 5. Investment Guidelines. Trading Advisor shall have full discretion with respect to making decisions relative to all purchases and sales (including short sales) of Forex contracts traded on margin or otherwise for Client s account and risk, using Trading Advisor s Strategy, subject to any investment objectives, restrictions, guidelines or directions of Client as communicated to and agreed to by Trading Advisor in advance in writing ( Investment Guidelines ). Trading Advisor shall not be bound by any modifications or additions to any such Investment Guidelines unless Trading Advisor is provided written notice of any such modifications of additions, and Trading Advisor agrees to such modifications or additions in advance in writing. 6. Advisory Fees. Trading Advisor charges and Client agrees to pay a monthly performance-based fee (the Performance Fee ) based on the percentage of New Trading Profits set forth below: A. Performance Fee. Trading Advisor shall receive a Performance Fee of 20 % of New Trading Profits calculated as of the end of each calendar month, as of any withdrawal of funds from the Account, and as of the day this Agreement terminates, if any. New Trading Profits for purposes of calculating the Performance Fee during the relevant period shall mean the cumulative trading profits experienced by the Account during the period, in excess of the aggregate of previous period trading profits experienced by the Account as of the end of any period. New Trading Profits shall include all accrued interest earned by Client on its assets in the Account. If New Trading Profits for a relevant period are negative, it shall constitute a Carry forward Loss for the beginning of the next period. If New Trading Profits are negative at the time of a withdrawal of funds from the Account, then any loss attributed to those withdrawn funds shall be deducted from the Carry forward Loss. If New Trading Profits are positive at the time of a withdrawal of funds from the Account, the Performance Fee accrued on that portion of the New Trading Profits attributed to the withdrawn funds shall be payable as of the end of the calendar month in which such withdrawal occurs. B. Management Fee. There would be no maintenance fee applicable C. Payment. Performance Fees shall accrue monthly and shall be deducted directly from the Account. Fees shall be calculated by Counterparty, and Client hereby directs Counterparty to automatically deduct and pay such Fees directly from Account. Client agrees that Fees are due and payable within five (5) Business Days of the end of the month or as otherwise permitted by Trading Page 4

5 Advisor. All such payments will be made by wire transfer of immediately available funds to Trading Advisor s bank or brokerage account according to the wire instructions delivered by Trading Advisor to Client. 7. Valuation. In computing the market value of any Forex contract and the Account for all purposes under this Agreement, each Forex contract shall be valued by or at the direction of Counterparty. All valuations by Counterparty for all purposes under this Agreement shall be final and binding on Client. 8. Transaction Costs. Client is responsible for dealer spreads, brokerage commissions, intermediary transfer fees, custody fees, interest charges and all other transaction fees and costs incurred by the trading of the Account, as applicable. 9. Limitation of Liability; Indemnification. To the fullest extent permitted by applicable law, Client agree that in the absence of willful misconduct or gross negligence, Trading Advisor shall not be liable for any act or omission in the course of or in connection with the rendering of its services hereunder, including without limitation, for any losses incurred by Client as the result of a trading error by Trading Advisor or for any losses incurred by reason of any act or omission of Counterparty, any Executing Broker or any other person. In no event shall Trading Advisor s principals, employees, or affiliates have any liability to Client hereunder. To the fullest extent permitted by applicable law, Client shall indemnify Trading Advisor, its principals, its employees, and its affiliates for all costs, expenses, losses and liabilities (including reasonable attorneys fees and costs) incurred in connection with any actions, claims or proceedings arising out of or in connection with Trading Advisor s performance of services under this Agreement, provided that there has been no judicial determination that such costs, expenses, losses or liabilities were the result of willful misconduct or gross negligence on the part of trading Advisor. Trading Advisor, in the maintenance of its records, does not assume responsibility for the accuracy of information furnished by Counterparty or any other person over which Trading Advisor does not have control. The indemnity provisions of this Agreement shall survive the termination or expiration of this Agreement with respect to any matter existing prior to such termination, and all payment obligations under this Agreement shall continue until satisfied. Notwithstanding the foregoing, nothing in this Agreement shall in any way constitute a waiver or limitation of any rights which Client may have under applicable law. NOTE (9-1): In case the client is asking for investment guarantee (his/her investment be guaranteed by FOREXer Advisory, then terms and conditions mentioned in Certificate of Investment Guarantee would be applicable. 10. Counter parties. Client recognizes that Trading Advisor shall transmit orders for Forex contracts on Client s behalf to Counterparty. Trading Advisor shall also have the right, in its sole and absolute discretion, to enter orders for trade execution of Forex Page 5

6 contracts with such other brokers, dealers, counterparties or other trading institutions as it may in its sole and absolute discretion choose with instructions to give-up such executed trades to Counterparty. The parties agree that Trading Advisor shall have the authority to negotiate and execute on Client s behalf all agreements and other documents with Counterparty or Executing Brokers that are necessary or appropriate in connection with the give-up order or execution process without the approval of Client. Trading Advisor s responsibilities with respect to any of Client s transactions shall be fulfilled at the time that a complete order has been transmitted to Counterparty or Executing Broker and reconciled. Trading Advisor shall not be responsible for any acts, omissions or errors of Counterparty or Executing Broker in executing such orders. It is the sole responsibility of Counterparty to furnish Client with daily and monthly statements of all transactions effected in the Account, and other account statements customarily furnished by Counterparty to its customers. Client will authorize Counterparty to provide Trading Advisor and an accountant or other service provider it designates with copies of all such statements. Client further acknowledges that Counterparty will have full custody of Client s funds and positions in Forex contracts in the Account. 11. Confidentiality. All information and advice furnished by either party to the other hereunder shall be treated as confidential and shall not be disclosed to third parties except as required by law or as otherwise permitted by the owning party in advance in writing. Further, Client acknowledges that the trading programs and strategies of Trading Advisor constitute proprietary information of Trading Advisor and that such trading programs and strategies, trading recommendations and trades of Trading Advisor will be treated confidentially by Client, unless legal counsel to Client provides Trading Advisor with a written opinion that is reasonably acceptable to Trading Advisor to the effect that disclosure thereof is required pursuant to applicable laws and regulations, unless waived by Trading Advisor. Client agrees that it will not use or appropriate Trading Advisor s name or any other information it may receive from Trading Advisor in connection with Client s business or other endeavors without obtaining the prior written consent of Trading Advisor and providing Trading Advisor with a reasonable opportunity to review any such material in advance of its first use. 12. Independent Contractor. Trading Advisor shall for all purposes herein be deemed to be an independent contractor to Client and shall, except as otherwise expressly provided herein, have no authority to act for or represent Client in any way or otherwise be deemed a sponsor of Client or an agent, joint venture or partner of Client or one or more executing brokers or other trading desks of any other Forex trading advisor, investment adviser or other service provider retained by Client. Page 6

7 13. Termination. Any party may terminate this Agreement at any time by informing the other parties in writing. Trading Advisor may, in its sole and absolute discretion, liquidate Client s positions in the Account immediately upon termination of the Agreement, and shall have no responsibility for losses resulting from any such liquidation. 14. Services Not Exclusive. Client understands that Trading Advisor performs Forex trading advisory services for various clients. Trading Advisor will allocate investment opportunities over a period of time on a fair and equitable basis relative to all clients whose accounts are managed pursuant to the same investment strategy or program to be used for the Account. 15. Assignment. This Agreement shall not be assignable by any party without the written consent of all parties and shall be binding upon the parties hereto, their heirs, respective legal representatives, successors and assignees. 16. Applicable Law; Consent to Arbitration. This Agreement and all transactions subject to the Agreement shall be governed by Switzerland law, rules and regulations. Any dispute arising out of or relating to this agreement shall be arbitrated Switzerland. 17. Complete Agreement. This Agreement contains the final and complete agreement between the parties and may not be altered or modified without the signed written consent of all parties. 18. Notices. Any notice required to be given hereunder shall be in writing and shall be delivered personally, by electronic mail, by facsimile, by courier or by registered mail, return receipt requested, and sent to the appropriate address set forth below or to such other address as any party may give notice of to the other parties. If to Client: Fax: If to Trading Advisor: Tödistrasse 38,8002 Zürich,Switzerland

8 19. Client Representations and Warranties. Client hereby represents, warrants and covenants to Trading Advisor that: (i) it has the requisite legal capacity and authority to execute, deliver and perform its respective obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by Client and is the legal, valid and binding agreement of Client, enforceable against Client in accordance with its terms; (iii) Client s execution of this Agreement and the performance of its obligations hereunder do not conflict with or violate any obligations by which Client is bound, whether arising by contract, operation of law or otherwise or violate any laws or regulations applicable to its operation; (iv) Client is the owner of all initial cash in the Account, and there are no restrictions on transfer of such cash, securities or assets; and (vi) Client agrees to promptly provide Trading Advisor or its service providers or agents with such additional representations, information and/or documentation that Trading Advisor may reasonably require (including but not limited to, documentation substantiating Client s identity, source of funds, and/or business or professional affiliations), and Client acknowledges and agrees that if it fails to promptly provide such additional requested, representations, information and/or documentation, Trading Advisor may immediately terminate this Agreement without notice. Client agrees to promptly notify Trading Advisor in writing in the event that at any time during the term of this Agreement any of the foregoing representations, warranties and covenants made by Client no longer remains accurate and complete. 20. Trading Advisor Representations and Warranties. Trading Advisor hereby represents, warrants and covenants to Client that: (i) Trading Advisor has the requisite legal capacity and authority to execute, deliver and perform its obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by Trading Advisor and is the legal, valid and binding agreement of Trading Advisor, enforceable against Trading Advisor in accordance with its terms; (iii) Trading Advisor s execution of this Agreement and the performance of its obligations hereunder do not conflict with or violate any provisions of the governing documents of Trading Advisor or any obligations by which Trading Advisor is bound, whether arising by contract, operation of law or otherwise or violate any laws or regulations applicable to its operation. 21. RISK DISCLOSURE. BY SIGNING THIS AGREEMENT ON THE FOLLOWING PAGE, CLIENT SPECIFICALLY ACKNOWLEDGES AND AGREES AS FOLLOWS: Client is aware of the speculative nature and high risks associated with trading Forex, including the risk that Client may incur trading losses in an amount exceeding capital contributed to the Account. Client acknowledges that Forex contracts may be highly leveraged, and that the Forex markets can be extremely volatile. Client acknowledges that profits or freedom from losses in trading Forex cannot be guaranteed, and that Trading Advisor cannot and does not imply or guarantee that the Account will make a profit. It is agreed that, subject to the terms of this Agreement, Trading Advisor, its principals, its employees, and its affiliates will not be held responsible or liable for any trading losses in the Account. Page 8

9 [signature page follows] IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date set forth above. CLIENT: Signature: Name (please print): TRADING ADVISOR: Forexer Advisory Signature: Name: Title: Page 9

10 TRADING AUTHORIZATION To: Forexer Advisor Dear Sirs: The undersigned, ( Client ), does hereby make, constitute and appoint you or your authorized representative as the undersigned s attorney-in-fact to purchase and sell over-the- counter spot contracts in currencies through your preferred counterparties, using Trading Advisor s Systematic Strategy, subject to any limitations or conditions set forth in or otherwise contemplated by the Trading Advisory Agreement dated by and among the parties. Client further authorizes and directs Counterparty to calculate and automatically pay from Client s account(s) at Counterparty (collectively, the Account ) all of your Performance Fees. Client understands Counterparty will also charge dealer spreads brokerage commissions and/or other charges which will be deducted from the Account. Client also authorizes and directs Counterparty to automatically send copies of Client s Account statements to Trading Advisor and to allow Trading Advisor access to Client s Account information through Counterparty s web platform or other offered means. Client s Signature Name: Date: Page 10

11 FEE PAYMENT AUTHORIZATION To: (Counter Party) Dear Sirs: In connection with the undersigned s ( Client ) managed trading account number: carried by you (collectively, the Account ), you are hereby authorized and directed to calculate and automatically deduct from the Account and pay to Forexer Advisory the Performance Fees applicable to the Account (collectively, Advisory Fees ), on a monthly basis, payable to Forexer Advisory according to the following payment instructions or such other updated instructions from time to time. You shall be solely responsible for determining and deducting the amount of such Advisory Fees, without further direction or confirmation from Client. This fee payment authorization shall remain in effect until terminated in writing by Client. Profit Sharing Agreement: 20% of the total monthly profit on transactions related to the current month if the current balance is more than initial deposit. (In case of withdrawal by the client, the new balance would be considered as the initial amount) Calculation date would be the last day of each month (in case of having open position, the position would be calculated in the following month) cc: Forexer Advisory Name: Date: Page 11

12 Acknowledgment of Receipt of Risk Disclosure Documents I have read and understand the Disclosure Document of Forexer Advisory dated and agree to all of the terms and conditions thereof, and have carefully considered the matters outlined and referred to therein in determining whether to open a Trading Account managed by Forexer Advisory Client s Signature: Name: Date: Page 12

13 TRADING GUIDELINE To: Forexer Advisor Dear Sirs: The undersigned, ( Client ), does hereby authorize, and appoint Forexer Advisory to purchase and sell over-the- counter spot contracts in currencies through preferred counterparties, using Trading Advisor s Systematic Strategy, according to below conditions: Account size:..usd Leverage Usage: Level (maximum 1:5) Trading Instrument:. Preferred Profit (per trade): % Acceptable Loss (Per trade): % Maximum number of losing trade in a row: *Total acceptable loss:..% *Once reached, strategy will be stopped. Client s Signature Name: Date: Page 13

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