Formax prime capital ib agreement 2016

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INTRODUCING BROKER AGREEMENT
Please read this document completely and carefully before enrolling in our on-line Introducing Broker
programme. You must agree and accept all of the terms and conditions contained in these terms and conditions
without modification before you become an Introducing Broker. If at any time you do not agree to be bound
by these and terms and conditions, do not use or access our services and inform us in writing immediately.
1. PARTIES TO THIS AGREEMNT
1.1 This agreement will be entered between the Introducing Broker (“IB”) and Formax Prime Capital (UK) Limited
(“Formax) authorised and regulated by the Financial Conduct Authority with number 624225 and has its principal
place of business at 107 Cheapside, London, EC2V 6DN.
1.2 As used in these terms and conditions, the terms “you”, “yours”, “Introducing Broker”, “IB” “Partner” and
“Affiliate” shall mean the person that applies for the Formax Introducing Broker programme listed on Formax
website in accordance with these terms and conditions as amended from time to time.
1.3 Formax and IB are hereinafter referred to, individually, as a “Party” and, collectively, as the “Parties”
2. DEFINITIONS
2.1 For the purpose of this Agreement, unless the context otherwise requires, capitalised words and expressions
shall have the meanings assigned to them in the defined terms that are set forth in bold and italics in this clause
2.1, and through this Agreement;
2.1.1 “Abusive Client” means a client who demonstrates any kind of behaviour that we in our sole
discretion, deem a violation of the applicable Customer Agreement or terms of use;
2.1.2 “Client” means any person (a) who has been or is identified as solicited by and introduced and/or
referred to Formax website via your tracking link, (b) for whom Formax has been able to complete the
necessary customer due diligence in satisfaction of AML legislation, (c) who has agreed to our terms
and conditions.
2.1.3 “Commissions” means the commissions, rebates, remunerations and/or other proceeds paid or
payable to you by Formax under and/or pursuant to this Agreement based solely on system’s data, in
accordance with the Commission plan that was agreed with Formax when registering.
2.1.4 “Commission Plan” means either a Revenue share or CPA plan or any other plan agreed by us in
writing;
2.1.5 “Gross Revenue” means a Client trading on Formax trading platform; spread or commission
revenue received from Clients as a result of closed trades in Client Accounts.
2.1.6 “Sub-Affiliate Commissions” means the commissions due to your respect of Sub-Affiliate Revenue
2.1.7 “Tracking link” means one or more unique hyperlinks (URLs) directed to Formax Website, through
which the Introducing Broker refers potential Clients from a web page; when the Client opens his/her
Client Account, the system automatically logs the Tracking code and records the solicitation and referral
of the client in question to Formax.
3. ACCEPTANCE OF THIS AGREEMENT
3.1 You hereby acknowledge and agree that (a) by completing and submitting the Introducing Broker
form to Formax Prime Capital (UK) Limited and clicking on the “Proceed” button or similar buttons or links
designated by Formax Prime Capital (UK) Limited on our website to show your approval of this Agreement, (b)
by continuing to access or use our website, (c) by marketing to and referring potential new Clients to our website
and/or (d) by accepting any introducing broker commissions and/or payments from Formax Prime Capital (UK)
Limited or any of its Clients, you are entering into a legally binding contract and you fully agree to abide by and
to be bound by all the terms and conditions set out in this Agreement as they may apply to you.

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3.2 You hereby agree to the use of electronic communications in order to enter into contracts, place orders and
other records and to the electronic delivery of notices, policies and records of transactions initiated or completed
through the Formax Introducing Broker Programme. Furthermore, you hereby waive any right or requirements
under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery
or retention of non-electronic records, to the extent permitted under applicable mandatory law.
3.3 Formax shall evaluate the Introducing Broker Application you hereby submitted and shall inform you by e-
mail whether the Application has been accepted or not. Formax reserves the right to refuse your application for
any reason without being obliged to provide you with any explanation or justification.
4. NO AGENCY OR JOINT VENTURE
It is expressively understood and agreed that neither this agreement nor anything in it shall constitute or be
deemed to establish an agency relation or joint venture between IB, (or any of its offices, employees or agents).
In performing this agreement, the IB will have no authority to bind Formax other than as expressively by this
agreement or otherwise in writing by Formax.
5. FORMAX’S OBLIGATION TO THE IB
5.1 Formax will perform its obligations under this agreement and in compliance with all applicable laws, rules
and regulations, including all regulations established by the FCA.
5.2 Formax will provide the IB with access to such systems as may be necessary to enable the IB to view and/or
extract information relating to transactions and any other relevant financial data in the customer account,
provided the customer has taken all requisite action authorising such access by the IB in accordance with data
protection requirements and all applicable rules and regulations.
5.3 Formax will open and maintain the account for the introduced client and execute trade transactions for the
said client; and maintain comprehensive records of all such transactions and other activity undertaken on behalf
of the client.
5.4 Formax will deal with all deposits from a customer as required by applicable laws and regulations. Formax
will have no responsibility with respect to deposits, securities or other property of a customer held by the IB or
any third party or other not within Formax’s care, custody or control.
6. RIGHT TO REJECT CUSTOMERS AND TERMINATE CUSTOMER ACCOUNTS
Formax shall have the right, in its sole discretion to refuse to do business with any proposed customer. Formax
may, in its sole discretion, terminate any customer account without prior notice. If Formax rejects a proposed
customer account or terminates the accounts of an existing customer, the IB may introduce or refer the said
client to another person or entity for the purpose of opening and transacting business in a trading account.
7. IB RESPONSIBILITIES
7.1 IB agrees to make only honest and accurate representations of all matters in its dealing with potential and
existing customers. In this regard, the IB agrees never to hold itself out as an employee, agent or partner of
Formax.
7.2 It is the IB’s responsibility to be fully familiar with all available and relevant forms, applications and
agreements, as well as with all procedures and practices of Formax, so that the IB will be a well informed source
of information to both prospective and existing customers.
7.3 The IB shall disclose to each and every prospective customer the fact that the IB will be compensated by
Formax for the customer’s referral to Formax.
7.4 The IB is responsible for providing fair and accurate information to customers, and agrees to have adequate
personnel dedicated to such tasks as necessary to meet its obligations.
7.5 The IB shall not accept any cash, securities or other property from a potential client on behalf of Formax.

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8. SUB-IB
8.1 We will pay you Sub-Affiliate Commission in respect of Sub-Affiliate revenue, in accordance with your chosen
Commission plan, provided that the Sub-Affiliate has joined the Formax Introducing Broker programme via a
tracking link we have provided to you for this purpose. You will only receive a Sub-Affiliate Commission in respect
of Sub-Affiliates which comply with all applicable terms and conditions.
8.2 You hereby expressly acknowledge and agree, that you shall not be permitted: (a) to register yourself or any
person controlled by you as your own Sub-Affiliate; (b) to use or permit fictions or alias names for the registration
of Sub-Affiliates; (c) to offer any type of enticement of money or anything of monetary value to potential Sub-
affiliates unless such enticements are approved in writing by us; (d) to attempt to introduce any addition or
variation to our terms in relation to any potential Sub-Affiliate; to receive sums which are owed to your Sub-
Affiliate.
9. REPORTS AND PAYMENTS
9.1 In return for the performance of your Services pursuant to this Agreement, Formax shall pay you, depending
on the Commission Plan agreed by us, for each Client who has been or is identified as solicited by and introduced
and/or referred to Formax website via your Tracking Link, the amount and/or percentages agreed by us. The
Commission Plan will be confirmed by us through means of electronic communication (e-mail).
9.2 We will track and report the trading activity of Clients who have been or are identified as solicited by and
introduced and/or referred to Formax via your Tracking Link for purposes of calculating your Commission. The
form, content and frequency of these reports may vary from time to time at our sole discretion. At your request,
you will receive at least a monthly report with your Commission indicating the total amount of monthly Net
Revenue or Net Volume collected from Clients who have been or are identified as solicited by and introduced
and/or referred to Formax website via your Tracking Link during the course of that month per Tracking Link. As
we deem appropriate, and at our sole discretion, we may distribute reports more frequently than monthly.
9.3 Deposit of payment, acceptance of payment transfers or acceptance of other payment by you will be deemed
full and final settlement of Commissions due for the month indicated. Hence if you disagree with the reports or
amount payable, do NOT accept payment for such amount and immediately send us written notice of your
dispute. Dispute notices must be in writing and be received within five (5) Business Days of payment being made,
or your right to dispute such report or payment will be deemed waived and you shall be deemed to have waived
any and all rights in relation to such report or such payment and further to have waived any claims of restitution
and/or unjust enrichment.
9.4 Commissions in relation to new Clients will be dispatched only following our verification and investigations
concerning all new Clients. In the event of any Client failing to provide Formax with documents sufficient to
establish the Clients identity to Formax reasonable satisfaction and as may be required from time to time to
satisfy regulatory compliance requirements, Formax shall without prejudice to its other right and remedies,
reserves the right to hold back payment of the Commissions in relation to that Client or transaction or, in the
event the Commissions have been paid to you , ‘claw back ‘ the Commissions from amounts not yet paid to you.
9.5 In the event that this Agreement is terminated for any reason, other than for cause, we shall pay you any
earned balance of Commissions that is due and payable to you at the time of termination of this Agreement,
within approximately sixty (60) days after the end of the calendar month in which the Agreement is terminated
by you (following receipt of your written notice, including by email, to terminate the Agreement) or by us. You
are solely responsible for providing and maintaining accurate address and other contact information as well as
payment information associated with your Introducing Broker Account.
9.6 You agree to pay all applicable taxes or charges imposed by any government entity in connection with your
participation in the Formax Introducing Broker programme.
9.7 Payment shall be calculated solely based on records maintained by Formax. No other measurements or
statistics of any kind shall be accepted by Formax or have any effect under this Agreement. Furthermore,

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for the purposes of calculating your Commissions in respect of the trades executed by Clients
who have been or are identified as solicited by and introduced and/or referred to Formax Website via your
Tracking Link, the following shall apply: (a) no Commission will be paid in respect of a Client Account until the
spread profit from all trades executed in such Client Account exceeds the amount of any Bonus Incentive applied
to such Client Account; accordingly, any rebates and/or Commissions payable in respect of such a Client Account
will be minus any Bonus Incentives applied to such Client Account; (b) no Commissions will be paid in respect of
trades carried out in a Client Account in respect of which charge backs and refunds have been effectuated; and
(c) no Commissions will be paid in respect of trades in Client Account, which we determined, at our sole
discretion, to be the subject of Fraudulent Traffic; any and all fraud detection, prevention and remediation costs
and all losses and damaged incurred in relation to such a Client Account will be deducted from the Commission
payable to you.
9.8 Where appropriate you shall make full and accurate disclosure to each Client in respect of inducements and
fees under this Agreement including, but not limited to, the amount of any Commission payable to you in respect
of revenue including, but not limited to, spread, fees, charges, commissions or costs charged to the Client
relation to trading; where the aforementioned disclosure is not appropriate you shall make full and accurate
disclosure of the fee methodology to each Client in respect of the inducements and fees under this Agreement.
10 TERM AND TERMINATION
10.1 This Agreement shall commence with effect from the Effective Date (time and date of registration) and
shall continue for an indefinite period unless terminated in accordance with this Agreement. Either party may
terminate this Agreement at any time by giving seven (7) calendar days’ notice in writing (including email)
10.2 Either party may terminate this Agreement forthwith for cause, at any time, by giving written notice to the
other Party if: (a) the Party in Default goes into administration or liquidation or becomes insolvent or is wound
up or resolves to do so or a petition seeking an administration or winding up order is issued in relation to the
Party in Default and /or if any step is taken by any person for the dissolution of the Party in Default, or for the
appointment of a receiver, administrator or judicial manager or other similar officer over any part of any Party’s
undertaking, business or assets unless the Party demonstrates, to the reasonable satisfaction of the Party
seeking to terminate, that it will be able to defend the proceeding successful; or (b) if the Party in Default is
unable to pay its debts as they fall due, or takes any step with a view to rescheduling or deferral of any material
part of its indebtedness, or proposes or makes an agreement or composition with or for the benefit of its
creditors; or (c) if the Party in Default commits any material breach of its Agreement including but not limited
to breach of representation and warranties; or (d) if the Party in Default ceases doing business as a going
concern.
11. IB COMPLIANCE
11.1 The IB hereby acknowledges and undertakes to comply with all applicable laws.
11.2 The IB agrees that it will not utilise any unacceptable or unethical sales tactics and/or techniques with
respect to any customer. The IB further agrees to observe the highest possible standards of integrity, honesty
and ethical business standards with regards to all of its dealings with customers.
11.3 The IB agrees to honestly and accurately portray to all customers the substantial risks inherent in trading.
The IB further agrees that all promotional materials, including written and any online information will be
accurate and honestly portray the substantial risks and potential benefits of trading.
11.4 The IB must immediately notify Formax in writing of any material claim against the IB, whether raised by a
Customer or local regulatory agency.
11.5 The IB acknowledges that it may not accept funds from the Customers but must instruct the Customers to
deposit funds directly into Formax’s account.

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12. OWNERSHIP AND PROPRIETARY INFORMATION AND CONFIDENTIALITY
12. 1 The IB has no right or claim to any of the property or trading or any other proprietary information of
Formax. The IB acknowledges that any information imparted by Formax to the IB is confidential and has been
developed by Formax through the expenditure of substantial skill, time, effort and financial resources.
12.2 The IB will keep confidential and will not disclose, distribute or otherwise make available to third parties or
to anyone except with the prior written approval of Formax, during and subsequent to the relationship with
Formax, all material information it receives during the course of business with Formax, including but not limited
to Customer information, trade secrets, techniques, and other information relating to processes, strategies and
future plans.
12.3 The IB acknowledges that the trading software provided by Formax to the IB and the Customers introduced
by the IB is simply to facilitate and enhance the efficiency of transacting business with Formax. Upon the
termination of this Agreement by either party, the IB will return to Formax all proprietary property such as
equipment, software and printed material.
13. INDEMNIFICATIONS
The IB agrees to indemnify and hold Formax harmless from all losses, liabilities, damages, expenses claims,
proceedings and attorneys’ fees resulting from:
(a) Any breach by the IB of its duties under this Agreement;
(b) Any misrepresentation made by the IB herein;
(c) Any Customer claims relating to any agreement between the IB and the introduced Customers;
(d) Any deficits on Customer accounts or the failure of any Customer to meet its obligations;
(e) Any debts or obligations arising from the IB failing to comply with applicable local laws and regulation.
14. FORMAX’S RESPONSIBILITIES
14.1 Formax shall be responsible for the administrative functions regarding the opening, maintaining and closing
of the account referred to it by the IB.
14.2 Formax will provide the IB’s referred accounts with access to its trading platform and other support
necessary for the customer to engage in trading.
14.3 Formax will provide the IB with any such information as Formax determines is necessary and appropriate
to keep the IB informed of the status of any referred accounts.
14.4 Formax will not exercise any trading discretion over any of the accounts introduced by the IB. Consequently,
Formax will not be responsible for any losses which may be incurred as a result of persons who exercise such
trading discretion.
16. FORCE MAJURE
16.1 The IB agrees that Formax will not be held liable for any costs, damages or losses caused by force majeure
events, including but not limited to, government restrictions, exchange or market rulings, suspension or delay
of trading, war, civil disturbances, earthquakes, strikes, equipment failure, communication line failure, system
failure, unauthorized access, theft or any problem, technical or otherwise, which may prevent the IB or the
Customer introduced by the IB from entering or modifying an order or prevent Formax from acting on an online
instruction, or other events or conditions beyond Formax’s control, as determined and at the sole discretion of
Formax.
17 GOVERNING LAW
17.1 This agreement, as well as any alleged breach hereof, shall be governed, interpreted, construed and
enforced in accordance with British law. Any arbitration or legal proceeding of every kind, nature and description

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relating in any way to this agreement, or the alleged breach of termination thereof, shall be brought and heard
in the United Kingdom.
18. SEVERABILITY
18.1 Nothing contained herein shall be construed as requiring the commission of any act contrary to law. In the
event that any provision of this agreement is found to be contrary to law, such provisions shall be curtailed and
limited to the extent necessary to bring it within the requirements of the law. In the event that any part,
paragraph, sentence, or clause of this agreement shall be held to be indefinite, invalid or otherwise
unenforceable, the entire agreement shall not fail on account thereof, and the balance of the agreement shall
continue in full force and effect.
19 ASSIGNABILITY
19.1 This agreement and the rights granted herein may not be assigned or otherwise transferred by either
Formax or the IB or any other party.
20 RISK WARNING
20.1 Forex and CFD trading carries a high level of risk to the investor’s capital and the investor should only
speculate with funds that they can afford to lose. Formax does not provide investment advice relating to
investments or potential transactions in investments and our products may not be suitable to all investors.
Formax is permitted to provide factual market information and information about transaction procedures. Any
subsequent decision to enter into any transactions with Formax must be of the investor. Please ensure that the
investor is fully aware of the risks involved and they should seek independent advice if necessary.
21 GENERAL
21.1 The IB acknowledges and confirms that it has read and understood the Terms in this Agreement and agrees
on their terms and conditions. Any failure by Formax to enforce its rights and remedies under these Terms shall
not constitute a waiver of such right or remedy.

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Executed as a deed by Formax Prime Capital UK Ltd
Signature:__________________________________________________________________________
Full Name:_________________________________________________________________________
Position Held:______________________________________________________________________
Date:_____________________________________________________________________________
Executed as a deed by (insert name here)
Signature:__________________________________________________________________________
Full Name:_________________________________________________________________________
Positions Held:______________________________________________________________________
Date:_____________________________________________________________________________