Hkex Futures Market Data Agreement
Hkex Futures Market Data Agreement
AGREEMENT FOR
(Electronic Version)
TRADINGVIEW, INC.
_______________________________[NAME OF VENDOR/BROKER DEALER] ("Vendor")
agrees to make "Market Data" available to you pursuant to the terms and conditions set forth in
this agreement. By executing this Agreement in the space indicated below, you ("Subscriber")
agree to comply with those terms and conditions. Section 1 sets forth terms and conditions of
general applicability. Section 2 applies insofar as Subscriber receives and uses Market Data made
available pursuant to this Agreement as a Nonprofessional Subscriber.
5. PERMITTED USE – Subscriber shall not furnish Market Data to any other
person or entity. If Subscriber receives Market Data other than as a Nonprofessional Subscriber,
it shall use Market Data only for its individual use in its business.
8. MISCELLANEOUS – The laws of the State of New York shall govern this
Agreement and it shall be interpreted in accordance with those laws. This Agreement is subject to
the Securities Exchange Act of 1934, the rules promulgated under that act, and the joint-industry
plans entered into pursuant to that act. This writing contains the entire agreement between the
parties in respect of its subject matter. Subscriber may not assign all or any part of this Agreement
to any other person. The person executing this Agreement below represents and warrants that he
or she has legal capacity to contract and, if that person is executing this Agreement on behalf of a
proprietorship or a business, partnership or other organization, represents and warrants that he or
she has actual authority to bind the organization.
(a) registered or qualified with the Securities and Exchange Commission (the
"SEC"), the Commodities Futures Trading Commission, any state securities
agency, any securities exchange or association, or any commodities or futures
contract market or association.
(b) engaged as an "investment advisor" as that term is defined in Section 202 (a) (11)
of the Investment Advisor's Act of 1940 (whether or not registered or qualified
under that Act), or
(c) employed by a bank or other organization exempt from registration under Federal
and/or state securities laws to perform functions that would require him or her to
be so registered or qualified if he or she were to perform such functions for an
organization not so exempt.
A person who works outside of the United States will be considered a “Securities Professional” if
he or she performs the same functions as someone who would be considered a “Securities
Professional” in the United States.
Subscriber may not receive Market Data as a “Nonprofessional Subscriber” unless the vendor
providing that data to Subscriber first determines that the individual falls within Paragraph 9’s
definition of “Nonprofessional Subscriber.”
10. PERMITTED RECEIPT - Subscriber may not receive Market Data from
Vendor, and Vendor may not provide Market Data to Subscriber, on a “Nonprofessional
Subscriber” basis unless Vendor first properly determines that Subscriber qualifies as a
“Nonprofessional Subscriber” as defined in Paragraph 9 and Subscriber in fact qualifies as a
“Nonprofessional Subscriber.”
A. Do you use Market Data solely for your personal, non-business use?
☐ Yes ☐ No
B. Do you receive Market Data for your business or any other entity?
☐ Yes ☐ No
C. Are you currently registered or qualified with the SEC or the CFTC?
☐ Yes ☐ No
D. Are you currently registered or qualified with any securities agency, any securities exchange,
association or regulatory body, or any commodities or futures contract market, association or
regulatory body, in the United States or elsewhere?
☐ Yes ☐ No
H. Do you use the capital of any other individual or entity in the conduct of your trading?
☐ Yes ☐ No
I. Do you conduct trading for the benefit of a corporation, partnership, or other entity?
☐ Yes ☐ No
J. Have you entered into any agreement to share the profit of your trading activities or receive
compensation for your trading activities?
☐ Yes ☐ No
K. Are you receiving office space, and equipment or other benefits in exchange for your trading
or work as a financial consultant to any person, firm or business entity?
☐ Yes ☐ No
Subscriber shall notify Vendor promptly in writing of any change in his or her circumstances that
may cause him or her to cease to qualify as a Nonprofessional Subscriber or that may change his
or her response to any of the preceding questions.