Business CFD Document

Business CFD Document

This Business Contract for Difference (the "Agreement") is entered into as of by and between:

Provider:

Counterparty:

RECITALS

WHEREAS, Provider is engaged in the business of structuring and providing over-the-counter derivative contracts and is willing to enter into Contracts for Difference (CFDs) on commercially reasonable terms; and

WHEREAS, Counterparty wishes to enter into a CFD with Provider to obtain exposure to the economic performance of the Reference Asset described below, subject to the terms and conditions set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below:

Reference Asset:

Notional Amount:   Currency:

SCOPE OF WORK

Provider will enter into and administer a Contract for Difference with Counterparty that provides exposure to the Reference Asset specified above. Provider will calculate and, where applicable, settle valuation differentials in accordance with the Settlement Procedures set forth below.

SETTLEMENT AND PAYMENT TERMS

Settlement Method: Cash settlement Physical settlement (if applicable)

Margin / Initial Deposit (if required):

Late Payment Fee:  % of overdue amount, compounded monthly unless otherwise agreed in writing.

TERM AND TERMINATION

Start Date:   End Date:

Either party may terminate this Agreement for any material breach by the other party that remains uncured for days following written notice. Termination shall be without prejudice to any accrued rights or liabilities.

Notice Period for voluntary termination:

CONFIDENTIALITY

Each party (the "Receiving Party") shall hold in strict confidence and shall not disclose to any third party any Confidential Information of the other party (the "Disclosing Party"), except as required by applicable law or as necessary to perform under this Agreement. "Confidential Information" includes trade secrets, pricing, valuations, margin requirements, contract terms, and any non-public business or financial information. The Receiving Party shall use Confidential Information solely for the purpose of performing its obligations under this Agreement and shall take reasonable measures, at least materially consistent with those it uses to protect its own confidential information, to prevent unauthorized disclosure.

Confidentiality obligations shall survive termination of this Agreement for a period of years, except with respect to trade secrets, which shall be protected for so long as such information remains a trade secret.

REPRESENTATIONS, WARRANTIES, AND COVENANTS

Each party represents and warrants that it has full corporate power and authority to enter into and perform its obligations under this Agreement, that the execution and delivery of this Agreement has been duly authorized, and that this Agreement constitutes a valid and binding obligation enforceable in accordance with its terms. Each party shall comply with applicable laws and regulations in performing its obligations hereunder.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to choice of law principles.

Any dispute, claim, or controversy arising out of or in connection with this Agreement shall be resolved by binding arbitration conducted in accordance with commercially reasonable arbitration procedures mutually agreed by the parties. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, including specific performance and injunctive relief.

NOTICES

MISCELLANEOUS

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Provider may assign to an affiliate or in connection with a merger, acquisition or financing.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

ENTIRE AGREEMENT

This Agreement, including any schedules, appendices, or confirmations executed pursuant hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

Amendments to this Agreement must be in writing and signed by authorized representatives of both parties.

Sign Now