INDEPENDENT
CONTRACTOR AGREEMENT
(the “Agreement”)
between
E8 FUNDING LLC
and
Gabriel Alejandro Barrios Romero
DATED
Jan 30, 2025
Account Number:
550493
THIS AGREEMENT is made on the 30th day of January 2025 (hereinafter the “Effective Date”), by and
between E8 Funding LLC, a limited liability company formed in the state of Texas with offices at 4053 Lively
Ln. Dallas, TX. 75220 (“E8 Funding”); and Gabriel Alejandro Barrios Romero, who resides at Molina Calle 3
Pasaje 8, 348000 Curico Maule, Chile, with ID No./Passport No./Driver license No. 26323051-5 (the
“Trader”). E8 Funding and Trader may be referred to collectively as the "Parties" and individually as the
“Party”.
Document Ref: ZCQSQ-8MEYQ-FTRE2-XQCPF
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PREAMBLE
WHEREAS:
a. E8 Funding offers an educational platform that teaches traders how to trade commodities, foreign
exchange (“forex”) and futures through a simulated trading account, granting Trader the opportunity
to acquire knowledge through experiential learning.
b. Trader wishes to utilize E8 Funding’s educational platform for educational purposes by simulating
trades of commodities, forex, and futures in a hypothetical portfolio with the ability to profit after going
through and passing the evaluation process (“Evaluation Phase”).
c. Trader will have access to a demo account which shall be made accessible to him or her subject to
the conditions of this Agreement, the Terms and Conditions (as defined below), Privacy Policy (as
defined below) and any other agreement, written or oral, agreed to by the Parties.
d. E8 Funding agrees to provide Services (as defined below) to the Trader pursuant to the below terms
and conditions of this Agreement.
ARTICLE I
DEFINITIONS
1. Definitions. For purposes of this Agreement:
a. “Affiliated Company” shall mean any company or other entity that, directly or indirectly,
controls, is controlling, or under common control with E8 Funding, where “control” means the
(i) right to vote 25% or more of a class of voting security, or (ii) having the right to receive upon
dissolution, or having contributed, 25% or more of capital.
b. “Business Day” shall mean a day other than a Saturday, Sunday or a day in which banks in
the United States are closed for business due to a public holiday.
c. “Contract” shall mean any agreement, contract, instrument or document of any kind or
nature, as to which, in each case, the Trader and E8 Funding are parties thereto and have any
obligations or hold any rights therein, whether written or oral, together with all such
agreements, instruments and other documents, including, without limitation, payment and
delivery obligations, and payment of legal and other expenses incurred in connection with the
enforcement of the Contract.
d. “Dormant Account” shall mean a Trading Account (as defined below) that has not opened a
position or been active for at least one (1) day of one (1) calendar month (i.e. Trader must
open at least one (1) market position in each of these days or E8 Funding has the right to
terminate the Trading Account) with proper written notice.
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Page 2 of 12 Page 2 of 12
e. “Force Majeure Event” shall mean any circumstance, event or cause not within a Party’s
reasonable control including, without limitation:
◦ acts of God, flood, drought, earthquake or other natural disaster;
◦ epidemic or pandemic;
◦ terrorist attack, war, threats of or preparation for war, imposition of sanctions, embargo,
or breaking off of diplomatic relations
◦ nuclear, chemical or biological contamination or sonic boom;
◦ interruption or failure of utility service or commodity;
◦ any labor or trade dispute, strikes, industrial action or lockouts, combinations or scarcity
of labor;
◦ non-performance by suppliers or sub-contractors (other than Affiliated Companies); or
◦ any law or action taken by the government or any public authority or public law legal
body, including without limitation imposing an export or import restriction, quota or
prohibition or failing and/or delay to grant a necessary license or permission or consent
required according to this Agreement and any other law or regulations which the
Parties must comply with.
f. “Legislation” shall mean legislation as extended, amended, modified, consolidated or re-
enacted from time to time and includes any instrument, order, regulation, permission, consent,
license, notice, direction, statutory guidance or code of practice made or granted under such
legislation.
g. “Obligations” shall mean any and all obligations owed between the Parties to one
another arising at any time and from time-to-time, whether or not mature or contingent, or
under or in connection with any and all Contracts.
h. “Person” shall include an individual, a corporation, company, firm, or partnership, or
governmental body or agency.
i. “Privacy Policy” shall mean the Privacy Policy found on the Website (as defined below)
j. “Services” shall mean the offerings provided on the Website (as defined below)
k. “Terms and Conditions” shall mean the Terms and Conditions found on the Website (as
defined below).
l. “Trading” shall mean simulating trades of commodities, forex or futures through a Trading
Account (as defined below) on E8 Funding’s platform.
m. “Website” shall mean E8markets.com.
Document Ref: ZCQSQ-8MEYQ-FTRE2-XQCPF
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ARTICLE II
SERVICES
2.
2.1 E8 Funding shall establish one (1) demo trading account(the"Trading Account") for Trader
which is a simulated account using real-time data and any accounts relating to education courses and
evaluations provided by E8 Funding including those described on the Website.
2.2 The Trader acknowledges and agrees that the Trading Account is a demo version which does
not allow the Trader in any event to perform real-world trades of commodities, forex, or futures
Trading on live, real-world financial markets.
2.3 The Trader is entitled to remuneration for Trading which is calculated according to the achieved
performance on the Trading Account (as provided on the Website). Billing takes place on a weekly
basis, from the first Trading Day on the Trading Account. Particularly, billing consists of deducing from
the Trading Account the difference between the closed account balance and the value of the initial
capital where this difference is positive. The resulting Trader’s remuneration is calculated as 80% of
this difference. The remuneration is payable within the 14th day of the invoice being issued by Trader
to the following account: 550493, unless the E8 Funding has reasonable grounds to believe that
Trader’s actions and/or omissions constitutes breach of any term of this agreement and/or the Terms
and Conditions.
2.4 The cumulative daily loss on the Trading Account, which includes both the result of open
positions and the outcomes of positions closed on the same day, must not exceed selected % of the
initial capital at any point during a single working day. A 'working day' is defined from the Standard
Market Break Time to the next Standard Market Break Time, initially set to UTC+3. This timing is
adjusted to align with New York Daylight Saving Time, advancing to UTC+3 when New York moves
one (1) hour forward, and retracting to UTC+2 when New York reverts one hour backward. Traders
must monitor the Daylight-Saving Time changes to ensure compliance with the timing of the defined
trading day.
2.5 The value of the initial capital must not fall below the selected %of the initial account balance
for both open and closed positions, including commissions. The drawdown value is relative to the type
of
account selected and can be calculated as either relative balance drawdown, relative equity
drawdown, static drawdown, or end-of-the-day drawdown.
2.6 The daily pause allowance differs from the daily loss limit in that it is a soft breach rule. If you lose
more than your daily pause level, your account will be paused until the end of the trading day, after
which you can continue trading. Please note the importance of proper risk management, as the
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system to close out positions during a breach is not instantaneous and takes approximately 5 minutes
to take effect.
ARTICLE III
TRADER’S RIGHTS AND OBLIGATIONS
3.
3.1 The Trader hereby consents to E8 Funding investigating the Trader's background as E8
Funding deems appropriate in its sole discretion. No Contract exists between Trader and E8 Funding
until E8 Funding has reviewed and accepted Trader's information. E8 Funding may decline to enter
into a contractual agreement with a prospective trader for any reason or no reason, including but not
limited to, omitting information, providing misleading information, or being located in a jurisdiction
believed to create unacceptable risk in E8 Funding’s sole discretion.
3.2 If E8 Funding believes, at its own discretion, that Trader is violating this Agreement, the Terms
and Conditions or any other Contract between Trader and E8 Funding, E8 Funding has the perpetual
right to request an interview with Trader to ensure the authenticity of Trader’s strategy and behavior in
accordance with the terms of this Agreement and all other Contracts between the Parties. If Trader
refuses to be interviewed by E8 Funding, E8 Funding has the right to terminate the Trading Account
upon proper notice.
3.3 Trader acknowledges that:
◦ Trader shall remain in compliance with this Agreement, and any Contracts entered into
between Trader and E8 Funding;
◦ Trader has no right, title or ownership in any portion of the starting balance or any other
property, funds or positions in the Trading Account;
◦ E8 Funding solely communicates using the English language and Trader represents and
warrants that he or she possesses the necessary proficiency in the English language to
proficiently communicate for all purposes necessary and incidental to Trading through E8
Funding;
◦ Trader has no right of privacy in materials or communications related to E8 Funding or sent
through its Website and E8 Funding may monitor or review any activity or communication on its
Website for risk control or other purposes; and
◦ any communications created or sent by Trader shall be professional and appropriate.
3.4 Trader shall at all times act as an independent contractor and shall not be an employee of E8
Funding. No employer/employee relationship is implied or intended by the terms of this Agreement.
As such, Trader shall not hold himself or herself out as an employee of E8 Funding or any Affiliated
Company. E8 Funding shall provide immediately upon request by Trader with appropriate tax
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reporting information promptly after year-end. For the avoidance of any doubt, Trader shall be solely
responsible for the handling of his or her tax matters, including making periodic tax payments. E8
Funding shall not withhold any amounts on behalf of Trader for tax purposes. Further, Trader shall not
be entitled to any salary or other benefits. Trader may freely engage and trade under other trading
companies or funds so long as he or she may reasonably do so without violating the terms and
conditions of this Agreement, or the Terms and Conditions.
3.5 No Trading shall occur through the Trading Account outside of the business hours of the traded
instrument.
ARTICLE IV
CONFIDENTIALITY
4.
4.1 Trader agrees to keep confidential all information received in connection with this Agreement,
including but not limited to E8 Funding’s trading methods, systems, strategies, methods of operations,
written materials and business practices (hereinafter"Confidential Information").
4.2 Trader agrees that the Confidential Information is, in fact, confidential and proprietary to E8
Funding. During the term of this Agreement and for three (3) years following the termination of this
Agreement, Trader shall not share such Confidential Information, without the prior written consent of
E8 Funding, except as required by any court, supervisory authority or administrative agency order or
any request by an employee or agent of E8 Funding.
4.3 If Trader is required to disclose any Confidential Information pursuant to any court, supervisory
authority or administrative agency order, then Trader shall immediately send notice to E8 Funding of
all facts and circumstances surrounding such disclosure including, but not limited to, what
Confidential Information was disclosed, to whom such disclosure was made, and the purpose such
disclosure was required.
4.4 If court proceedings seeking injunctive relief are instituted by E8 Funding as a result of any
actual or threatened violation of this Confidentiality clause, Trader agrees to pay the E8 Funding costs
and expenses of such legal action, including reasonable attorney's fees.
Document Ref: ZCQSQ-8MEYQ-FTRE2-XQCPF
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ARTICLE V
TERMINATION
5.
5.1 Beginning on the Effective Date, this Agreement shall continue until:
◦ an Event of Default occurs (as defined below);
◦ Trader’s account is considered a Dormant Account;
◦ Trader violates the Drawdown limit or any other limitation placed on its account; or
◦ Either Party decides to terminate this Agreement for convenience. upon proper written notice
by E8 Funding, or by Trader through their Trading Account, that it desires to terminate the
Trading Account. However, if E8 Funding sends proper written notice of its desire to terminate
the Trading Account, then Trader shall have five (5) Business Days to withdraw any profits
generated in their Trading Account, otherwise, the profits in the Trading Account will be
charged a maintenance fee of $500 until the Trading Account balance is equal to the initial
balance at which point no amount will be owed to the Trader.
5.2 Except where Subclause 5.1 applies, this Agreement shall remain in effect as to any
transactions, including unsettled transactions that remain outstanding.
5.3 At any time on or after the occurrence of an Event of Default, E8 Funding may, without further
notice to the Trader, terminate, close, liquidate, and accelerate any and all Contracts and exercise
any right under any Contract and any right to net or set off payments which may arise under any
Contractor other agreement or under applicable law, cancel any outstanding orders for the purchase
or sale of any commodities, forex, or futures.
5.4 E8 Funding shall not be liable for profits generated on Trader’s Trading Account. if E8 Funding
believes Trader maliciously traded the Trading Account to produce unrealistic profits or committed any
abuse of the market feed or took advantage of any of the trading conditions offered through the
platform. Should E8 Funding believe the Trader’s Trading Account was wrongfully used or deems
your strategy to be high risk of ruin, gambling, too risky to copy trades, or unrealistic, E8 Funding
may offer the Trader a complete refund of fees associated with the Trading Account and terminate this
Agreement.
Document Ref: ZCQSQ-8MEYQ-FTRE2-XQCPF
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ARTICLE VI
EVENTS OF DEFAULT
6.
6.1 It shall be an Event of Default by the Trader (without regard to whether the relevant event is
continuing) if:
◦ the Trader fails to fulfill or discharge any Obligation or breaches, repudiates, misrepresents, or
defaults under any provision of this Agreement, any Contract, or any other agreement as to
which the Trader, E8 Funding, or any Affiliate Company is a party, or has any obligations or
holds any rights;
◦ any representation, warranty, covenant, agreement, or statement by the Trader in this
Agreement or in any document delivered under or in relation to this Agreement, any Contract
or any Obligation proves to have been incorrect in any material respect when made or, if it
had been made on any later date by reference to the circumstances then existing, would
have been incorrect in any material respect on that later date;
◦ the Trader fails to comply with the Terms and Conditions or Privacy Policy;
◦ Trader makes any false, disparaging, defamatory or derogatory statements, whether written or
verbal, regarding E8 Funding, its affiliates, officers, managers, members, or employees of
related or Affiliated Companies (collectively, "Affiliates"), or otherwise place any one or more
of the Affiliates in a false or negative light; or
◦ E8 Funding in its sole and absolute discretion considers it necessary or desirable for its
protection to terminate this Agreement and/or the Trader’s Trading Account.
6.2 The Trader shall notify E8 Funding immediately in writing if any of the above Events of Default
occur (or if any event occurs that with the passage of time or the giving of notice would become an
Event of Default).
6.3 If at any time E8 Funding has reasonable grounds for insecurity with respect to the Trader’s
performance of any of the Contracts or of any Obligations, E8 Funding may demand, and the Trader
shall give, adequate assurance of due performance by the Trader within twenty-four (24) hours. Any
failure by the Trader to give such adequate assurance of due performance shall constitute an
independent, material Event of Default under the terms of this Agreement and each other Contract.
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ARTICLE VII
GENERAL
7.
7.1 Assignability. Neither this Agreement or any rights or duties hereunder may be assigned or
delegated to any other person by Trader without the express written consent of E8 Funding. Any such
purported assignment or subcontract shall be void. E8 Funding may freely assign its rights and
obligations under this Agreement at any time. Subject to the limits on assignment as stated above,
this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the
Parties hereto and their respective successors and assigns.
7.2 Governing Law and Forum. This Agreement, for all purposes, shall be construed in
accordance with the laws of the State of Texas without regard to conflicts of law principles. Any action
or proceeding by either of the Parties relating to this Agreement shall be brought only in a state or
federal court located in Dallas, Texas. The Parties hereby irrevocably submit to the exclusive
jurisdiction of such court and waive the defense of inconvenient forum to the maintenance of any such
action or proceeding in such venue.
7.3 Mandatory Dispute Resolution. Any dispute, controversy, or claim arising out of or related in
any way to this Agreement, shall be first submitted to non-binding mediation in Dallas, Texas with a
mediator agreed upon by both Parties, the mediator’s fees and expenses and the costs incidental to
such mediation to be shared equally between the Parties. The Parties further agree that all offers,
promises, conduct, and statements, whether oral or written, made in the course of the mediation by
any of the Parties, their agents, employees, experts, and attorneys, and by the mediator and any
employees of the mediation service, are confidential, privileged, and inadmissible for any purpose,
including impeachment, in any litigation, or other proceeding involving the Parties, provided that
evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-
discoverable as a result of its use in the mediation.
7.4 Entire Agreement and Modifications. This Agreements and any documents referred to herein
constitutes the entire, complete, final, and exclusive understanding and agreement of the Parties
hereto with respect to the subject matter hereof, and supersedes any other prior or contemporaneous
oral understanding or agreement or any other prior written agreement. This Agreement may not be
modified, altered or amended except by written agreement of all the Parties hereto, except as
provided in the Severability section.
7.5 Intellectual Property. All Intellectual Property in any materials and research produced or
commissioned by E8 Funding in relation to this Agreement, development and operation of the
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Website, shall be the property of E8 Funding and may not be used, copied or made public by Trader
without the express written consent of the E8 Funding.
7.6 Consent. Any consent or approval or notice on the part of any Party required in relation to this
Agreement must be in writing to be enforceable.
7.7 Force Majeure. If a party is prevented, hindered, or delayed in or from performing or fails to
perform any of its obligations under this Agreement by a Force Majeure Event (the “Affected Party”),
the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or
delay in the performance of such obligations. In a Force Majeure Event, the time for performance of
such obligations shall reasonably be extended accordingly. If the period of delay or non-performance
continues for unreasonable period of time, the Affected Party may terminate this Agreement by giving
ten (10) days’ notice to the Party not affected. The corresponding obligations of the other Party (the
“Non-Affected Party”) will be suspended, and it’s time for performance of such obligations extended,
to the same extent as those of the Affected Party. The Affected Party shall:
◦ As soon as reasonably practicable after the start of the Force Majeure Event but no later than
five (5) days from its start, notify the other Party in writing of the Force Majeure Event, the date
on which it started, the likely or potential duration of the Force Majeure Event, and the effect of
the Force Majeure Event on its ability to perform any of its obligations under the License; and
◦ Use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the
performance of its obligations.
7.8 Non-Solicitation. During the term of this Agreement and for a period of two (2) years
thereafter, Trader shall not, directly or indirectly:
a. cause or attempt to cause any employee of E8 Funding, or Affiliated Company to leave the
employ of such firm;
b. cause or attempt to cause any independent contractor of E8 Funding Affiliated Company,
including traders, to leave such company;
c. in any way interfere with the relationship between any the E8 Affiliated Company and such
company's employees, agents or independent contractors, including traders;
d. hire any employee, agent or independent contractor, including traders, of any of the Affiliated
Company to work for any organization of which Trader is an officer, director, employee,
consultant, independent contractor, agent or owner of an equity or other financial interest; or
e. interfere or attempt to interfere with any transaction in which any of the Affiliated Company was
involved during the term of this Agreement.
7.9 Headings. The headings to clauses and other parts of this Agreement and the title page are for
reference only and do not affect its construction.
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7.10 Severability. If any term or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not
affect any other term or provision of this Agreement or invalidate or render unenforceable such term
or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal,
or unenforceable, the court may modify this Agreement to affect the original intent of the Parties as
closely as possible in order that the Obligations contemplated hereby be consummated as originally
contemplated to the greatest extent possible.
7.11 Survival. Any provision of this Agreement that by its terms survive termination of the
Agreement shall survive the termination of the Agreement.
7.12 Waiver. All waivers hereunder must be made in writing, and failure at any time to require the
other Party’s performance of any obligation under this Agreement shall not affect the right
subsequently to require performance of the obligation.
7.13 Notice.
a. Any notice or other communication given to a Party under or in connection with, this
Agreement shall be in writing; delivered by courier or sent by email; and sent to:
◦ the E8 Funding at: its registered address(es) email: [email protected]; or
◦ the Trader at the email address affiliated with the Trading Account.
b. Any notice or other communication that a Party gives the other under or in connection with, this
Agreement shall be deemed to have been received:
◦ if delivered by hand or courier, at the time it is left at the relevant address; and
◦ if sent by fax or electronic mail, when received in legible form.
c. A notice or other communication given as described in this subclause on a day that is not a
Business Day, or after normal business hours, in the place it is received, shall be deemed to
have been received on the next Business Day. This Agreement is made in two copies, each of
the Parties has received its own copy. It is noted that this Agreement may be executed in one
or more counterparts, each of which shall be deemed an original but all of which will constitute
one and the same instrument. IN WITNESS whereof the Parties hereto have hereunto
executed this Agreement the date and year
Document Ref: ZCQSQ-8MEYQ-FTRE2-XQCPF
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_________________________________________________
For and on behalf of
E8 Funding
Name: Gabriel Alejandro Barrios Romero
Document type: ID_CARD
ID No./Passport No./Driver license No.: 26323051-5
Trader
Document Ref: ZCQSQ-8MEYQ-FTRE2-XQCPF
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Signature Certificate
Reference number: ZCQSQ-8MEYQ-FTRE2-XQCPF
Signer Timestamp Signature
Gabriel Alejandro Barrios Romero
Email:
[email protected] Shared via link
Sent: 30 Jan 2025 14:20:33 UTC
Viewed: 30 Jan 2025 14:26:12 UTC
Signed: 30 Jan 2025 14:31:59 UTC
IP address: 190.97.253.13
Location: San Cristóbal, Venezuela
Document completed by all parties on:
30 Jan 2025 14:31:59 UTC
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