Selasa, 27 Januari 2009

Business Opportunity 2009

Service Agreement

This Service Agreement (hereinafter referred to as "Agreement") is a legal contract between Marketiva Corporation, (hereinafter referred to as "Marketiva") its successors and assigns, and the party (hereinafter referred to as "Trader" or "Client") executing this document. In connection with opening an account with Marketiva to speculate and purchase and / or sell financial instruments, which may be purchased and / or sold to Marketiva or through Marketiva for Trader's account(s), Trader acknowledges and agrees as follows:

1. FOREIGN EXCHANGE TRADING

1.1. Over-The-Counter Foreign Exchange: Trader may purchase and / or sell spot foreign currency (hereinafter referred to as "Currency") and any similar financial instruments, through over-the-counter foreign exchange market (hereinafter referred to as "OTCFX"), where Marketiva shall most frequently act as Trader's counterparty in the purchase and / or sale of the Currency.

1.2. Authorization to Trade OTCFX: In accordance with Trader's written or computer instructions, Marketiva is authorized to purchase and sell OTCFX instruments for Trader's account(s) from and to Marketiva, or pass-through purchases and sales in full, partial, aggregate, exposure-only, or any other quantity as Marketiva deems appropriate, from and to counterparty banks or sophisticated institutions or participants. Marketiva is authorized to execute all orders with Marketiva or pass-through orders to such banks or sophisticated institutions or participants as Marketiva deems appropriate.

1.3. Settlement Date, Rollovers and Delivery: With respect to purchases or sales of Currencies through an OTCFX account, Trader agrees to instruct Marketiva as to the offset or rollover of a Currency position. Except as provided herein, during the term of the Currency position, Trader shall give Marketiva instructions for rolling the Currency position no later than two hours prior to the settlement of trading in the Currency contract on the day Trader intends to rollover a Currency position. In addition, Trader, by noon of the business day before the settlement date of the Currency contract, shall instruct Marketiva whether to deliver, offset or rollover the Currency position. In the absence of timely instructions from Trader, Marketiva is authorized, at Marketiva's absolute discretion, to deliver, rollover or offset all or any portion of the Currency positions in the OTCFX account(s) for Trader's Account(s) and at Trader's risk. Trader's account(s) shall be charged commissions, at broker's rates, upon the rollover or offset of a Currency position. Trader also acknowledges that the purchase or sale of a Currency always anticipates the accepting or making of delivery, though in most cases the accepting or making of delivery will not actually occur.

2. INVESTMENT FUNDS TRADING

2.1. Over-The-Counter Funds Market: Trader may purchase and / or sell shares of investment funds (hereinafter referred to as "Funds") and any similar financial instruments, through over-the-counter funds market (hereinafter referred to as "OTCFN"), where Marketiva may frequently act as Trader's counterparty in the purchase and / or sale of the Funds.

2.2. Authorization to Trade OTCFN: In accordance with Trader's written or computer instructions, Marketiva is authorized to purchase and sell OTCFN instruments for Trader's account(s) from and to Marketiva, or pass-through purchases and sales in full, partial, aggregate, exposure-only, or any other quantity as Marketiva deems appropriate, from and to counterparty banks or sophisticated institutions or regulated investment firms. Marketiva is authorized to execute all orders with Marketiva or pass-through orders to such banks or sophisticated institutions or regulated investment firms as Marketiva deems appropriate.

2.3. Funds Structure and Objectives: Marketiva shall invest Fund assets into one or more investment funds (hereinafter referred to as "Primary Funds") offered by counterparty banks or sophisticated institutions or regulated investment firms. Trader acknowledges and agrees that Marketiva shall not disclose to Trader or to any third party information on particular Primary Funds where the Fund assets are invested. Marketiva may in its sole discretion change the Primary Funds or reallocate assets invested in the Primary Funds at any time, without prior notice to Trader, and all expenses arising from the change or reallocation shall be deducted from Fund's net asset value. When collecting money from new investors in Fund, Marketiva may delay transfer of the money into the Primary Funds to group the money into larger transactions as Marketiva deems appropriate, and all the lost profits arising from the delay in the transfer of money into the Primary Funds shall be deducted from Fund's net asset value. The Funds offered by Marketiva may be distinguished by different geographical areas, investment styles and objectives, industries and currencies, providing opportunity for Trader to spread investment risk.

2.4. Funds Pricing Methods: For variable-yield Fund Marketiva shall calculate Fund price as net asset value of the Fund divided by the Fund's shares outstanding and then decreased for the charges, expenses and fees as Marketiva deems appropriate. Any Primary Fund's net assets denominated in currency other than the denomination currency of Fund shall be converted using the prevailing market rates as obtained from one or more banks or dealers or Marketiva. For fixed-yield Fund Marketiva shall determine Fund price based on a fixed yield as determined by Marketiva from time to time as Marketiva deems appropriate, provided that Marketiva may not determine a negative fixed yield in time intervals when the Primary Funds of the Fund record total profit. Trader acknowledges and agrees that Marketiva may quote the Fund prices in any time intervals and that the spread between Fund's Bid and Ask price shall be determined by Marketiva as Marketiva deems appropriate. If any Fund price quote is unacceptable to the Trader, Trader's only recourse is to close existing positions Trader maintains on the particular Fund offered by Marketiva. In light of Marketiva providing access to investment funds for investors with tiny amounts of money, Trader acknowledges that in the process of investing in the Primary Funds various types of charges, expenses and costly organizational overheads may arise and that the only firm pricing policy Marketiva adheres to when quoting the Fund prices, is to attempt to make the performance of the Funds competitive with similar funds offered by other participants in the international financial industry.

2.5. Additional Charges and Expenses: Management Fee that covers all investment management, investment advisory, and distribution services provided in relation to the relevant Fund and all operating, administrative and servicing expenses of the Fund shall be subtracted from the Fund's net asset value and shall reflect into the Fund's price quoted by Marketiva and shall not be charged separately. Fund's Performance Fee shall also be subtracted from the Fund's net asset value and shall reflect into the Fund's price quoted by Marketiva and shall not be charged separately. Management Fee and Performance Fee shall be calculated as a percentage of Fund's net asset value, accrued and charged daily, and shall be determined by Marketiva as Marketiva deems appropriate.

2.6. No Dividends on Funds: Trader acknowledges and agrees that Funds offered by Marketiva do not pay dividends, and that the only profit Trader is able to collect from investing in Funds shall be derived from increase in price of the particular Fund the Trader invests in.

2.7. Prevention of Market Timing Practices: Marketiva does not allow investments which are associated with Market Timing Practices as such practices may adversely affect the interests of other investors in the same Fund. In general, market timing refers to the investment behavior of an individual or company or a group of individuals or companies buying, selling or exchanging shares or other securities on the basis of predetermined market indicators by taking advantage of time differences and / or imperfections or deficiencies in the method of determination of the net asset value and Fund prices. Market timers may also include individuals or groups of individuals whose securities transactions seem to follow a timing pattern or are characterized by frequent or large exchanges. In the event of Trader employing the Market Timing Practices, Trader agrees and acknowledges that Marketiva may in Marketiva's sole discretion take one or more, or any portion of, the following actions: (i) close Trader's account; (ii) suspend Trader's account for an indefinite period of time; (iii) carry out an investigation on Trader's account for an indefinite period of time; (iv) charge a penalty fee to Trader in the same or greater amount of money that resulted from Trader using Market Timing Practices.

3. INDEX AND COMMODITY TRADING

3.1. Over-The-Counter Spots Market: Trader may purchase and / or sell spot index or commodity instruments (hereinafter referred to as "Spots") and any similar financial instruments, through over-the-counter spots market (hereinafter referred to as "OTCSP"), where Marketiva shall most frequently act as Trader's counterparty in the purchase and / or sale of the Spots.

3.2. Authorization to Trade OTCSP: In accordance with Trader's written or computer instructions, Marketiva is authorized to purchase and sell OTCSP instruments for Trader's account(s) from and to Marketiva, or pass-through purchases and sales in full, partial, aggregate, exposure-only, or any other quantity as Marketiva deems appropriate, from and to counterparty banks or sophisticated institutions or participants. Marketiva is authorized to execute all orders with Marketiva or pass-through orders to such banks or sophisticated institutions or participants as Marketiva deems appropriate.

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