(Effective July 1st, 2019.)
This Policy covers the activities of all third parties that generate or retain business, or secure a business benefit, for Automata FX. These third parties are termed “introducers” by Automata FX. Potential examples would include introducing brokers (IBs), lead generators and financial advisers. The Automata FX Introducer Policy is designed to protect Automata FX against the bribery and corruption risks, reputational risk, and wider operational and conduct risks associated with introducers.
Group Governance & Conformance: Regular reviews of the effectiveness
of these Group Policies are carried out in addition to audits periodically
undertaken by the Automata FX Internal Audit function. This provides senior
executive management oversight committees and the Board Audit Committee with the necessary assurance regarding the operating effectiveness of the Group’s controls relating to these policies.
This document together with the Introducer Application sets out the Terms and Conditions (subject to variation as hereinafter provided and together referred to herein as the “Agreement”) upon which Automata FX Limited (“AFX” and/or the “Company”) is prepared to accept Business introduced by the Introducer.
In this Agreement the following expressions have the following meanings and the masculine gender shall include the feminine and the singular shall include the plural:
“Business” The introduction of clients for the purposes of proposal or application for or effecting or acquiring the Products or dealing with the same for or on behalf of such clients.
“Client” A corporation, trust or individual whether in sole, joint or group names, which proposes or applies for or effects or receives advice from the Introducer in respect of the Products.
“Commission” The financial benefit the Introducer receives from AFX as referred to in paragraph 4, and Schedule 1 included herein.
“Introducer” The person, firm or company acting on behalf of and as agent of the Client in relation to the advising on and application, effecting or acquiring of the Products.
“Policy” Each and every policy comprising the Policy Standard Terms and
Conditions, Policy Document and Policy Particulars. The Introducer is the person in whose name and on whose behalf the Introducer Application has been completed and shall include its partners, directors, officers, employees and agents as the context may require.
“Products” The use of the Global Profit Technologies, Inc.’s Automated Trading Software commonly referred to as “4X-DAT™” or “Automated Platform” which has been licensed by AFX for the use of the technology by its clients and is made available either for sale or made available at no cost, and/or any automated strategy made available either for sale or at no cost by AFX, and any managed account product made available through AFX’s website.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
2.1 The appointment of the Introducer for the purposes of submitting applications in respect of business shall be at the discretion of AFX and shall come into effect upon written notice of acceptances being given by or on behalf of AFX to the Introducer. Introducing Brokers must be active trading clients of AFX with an open account either in the form of a Managed Account, PAMM Account or Independent Trading Account.
2.2 The Introducer warrants that in introducing Business pursuant to this Agreement he is not in breach of any express or implied term(s) of any contract or any other legal obligation binding upon him or of any laws, regulations or rules of any competent authority in any relevant jurisdiction.
2.3 The Introducer shall at all times observe this Agreement and any amendments subsequently made thereto.
2.4 The rights and obligations of the Introducer contained in this Agreement may not be transferred or assigned to any person without the prior written consent of AFX.
2.5 This Agreement may be varied at any time, from time to time, by agreement in writing between the Introducer and AFX or by written notification by or on behalf of AFX to the Introducer at its correspondence address provided in the Introducer Application giving 7 (seven) calendar days’ notice of said variation (but without prejudice to any accrued rights or liabilities of the Introducer prior to such change).
2.6 The benefit of this Agreement (subject to the obligations) may be assigned by AFX to any third party.
3.1 The Introducer in its dealing with AFX shall act only as the agent of the Client and shall have absolutely no authority to act for, or on behalf of AFX, or to make any commitment or representation on their behalf, or to bind them in any way. The Introducer shall not directly or indirectly hold itself out to any person as being an agent, authorised representative, company representative or employee of AFX.
3.2 The Introducer shall procure compliance with this Agreement by (as appropriate) each of its partners, directors, officers, employees and Agents, as if they were party hereto.
3.3 The Introducer is not authorised to pledge the credit of AFX in any way.
3.4 The Introducer is not authorised to endorse cheques on behalf of AFX.
3.5 The Introducer is not authorised to hold Client monies on behalf of AFX. If and when such funds are received by the Introducer they are to be forwarded immediately to AFX on receipt from the Client and drawn in the name of Automata FX Limited. If and when the Introducer is expressly authorised by AFX to collect monies on behalf of AFX, he shall hold them in trust and pay them to AFX within the terms of that express authority. In the event that payment is not made to AFX within any period specified in the express authority the Introducer will pay AFX interest at the prescribed rate applicable from time to time for the period that the premium was in the hands of the Introducer. The prescribed rate is the interest set by AFX and/or its advisor(s).
4.1 The Introducer can receive Commission in respect of Business introduced by it and accepted by AFX. The introducer may receive said commissions starting with the third (3rd) client introduced to AFX, excluding the Introducer’s own account. AFX reserves the right in its absolute unfettered discretion to reject any Business referred in respect of any Client without giving reason therefore.
4.2 Commission will be paid from AFX after trading commences within
the respective Client’s account, following receipt funds sufficient to fund the
account for which the Client applied, subject to such Business having been
accepted by AFX. The rates of Commission and terms of payment thereof are
described in Schedule 1 and provision of the attached Schedule hereto may be modified at any time AFX at its sole discretion.
4.3 Commission will be paid to the Introducer based on the Client’s trading volume. Thus, each trade placed by the Introducer’s Client within an AFX account (either in the form of a managed account, PAMM account or independent trading account) will generate a predetermined commission for the Introducer as defined in Schedule 1, included herein.
4.4 Commission will be paid directly to the Introducing Broker’s active AFX account (either in the form of a managed account, PAMM account or independent trading account) in U.S. Dollars. Please note that the Introducing Broker’s first account or “Prime Account” is the account to which all commissions will be paid.
4.5 Commissions payable to the Introducer by AFX will be subject to set-off against any monies whatsoever due to AFX from the Introducer.
4.6 Commissions payable to the Introducer by AFX will be subject to the correctness of information supplied to AFX by the Introducer. The Introducer is deemed to have warranted the truth of all information supplied by him at any time to AFX concerning himself, his business and the proposed conduct of the business and all information contained in the Introducer/Introducing Broker Application.
4.7 If from time to time any information shall materially alter or become materially untrue after it has been supplied the Introducer shall notify AFX of any such alterations or supply such further correct information that may be necessary before any further Business is conducted with AFX.
4.8 If any further information supplied shall prove to be false or misleading or if the Introducer shall fail to comply with his obligation under paragraph 4.6, then, notwithstanding any other provisions of this Agreement, AFX shall be entitled to immediately terminate this Agreement and cease all payments of Commission in respect of any other Business introduced by the Introducer.
5. LIABILITY OF THE INTRODUCER
5.1 The Introducer warrants that it has and will at all times during the period in which this Agreement is effective, maintain all licenses, authorisations and registrations necessary for it to conduct the Business and shall at all times observe, comply with and procure compliance by (as appropriate) its partners, directors, officers, employees and agents with all applicable laws and regulations of any jurisdiction in which it may conduct Business or to which it may be subject for the marketing of the Policy and Products.
5.2 Without prejudice to the provisions of paragraph 5.1 the Introducer shall be solely responsible for assessing the suitability of any Policy or Product for any Client and shall procure in respect of all Business introduced by it, compliance with any applicable anti-money laundering legislation, prohibitions against solicitation as applicable in various nations and/or territories, and all other laws, regulations or procedures for the time being and from time to time in force and applicable to the Introducer or which AFX may from time to time require the Introducer to observe.
5.3 The Introducer shall indemnify Automata FX, Limited and/or any of its licensors, including but not limited to Global Profit Technologies, Inc., Infinia Partners Limited, or any of its subsidiaries in respect of any loss, expense, liability, claim or cost (including the cost of defending any claim) which Automata FX, Limited and/or any of its licensors, including but not limited to Global Profit Technologies, Inc., Infinia Partners Limited, or any of its subsidiaries may incur arising or resulting from any failure by the Introducer to observe the provisions of paragraph 5.1 or 5.2 or otherwise as a result of breach by the Introducer of any term(s) of this Agreement.
6.1 The Introducer shall not directly or indirectly make or allow to be made any written or oral statements, promises or representations, which could in any way bind, or purport to bind, AFX.
6.2 Without prejudice to the generality of paragraph 6.1, above, the Introducer shall not:
(a) Issue any material (documentary or otherwise) relating to AFX or AFX’s
business unless such material has first been expressly approved in writing or
supplied by AFX or issue or make any forecast relating to any Policy or Product.
(b) Purport to prepare and issue or vary any Policy, endorsement, contract note, certificate, receipt or any other document on behalf of AFX.
(c) Alter any information supplied by AFX or by his Clients, and will accurately represent any such information so supplied.
6.3 AFX reserves the right to communicate direct with Clients with whom it has a contractual agreement. Such communications may be made in any form AFX deems fit.
6.4 The Introducer will forward to AFX on the date of receipt all relevant applications or proposals and any notification of claims.
6.5 All documents and computer software belonging to AFX and in the possession of the Introducer from time to time must at all times be available to AFX for inspection and be delivered to AFX by the Introducer on demand or pon termination.
6.6 The Introducer will not use in connection with his business, the name or logos of Automata FX, Limited and/or any of its licensors, including but not limited to Global Profit Technologies, Inc., Infinia Partners Limited and will expressly prohibit any (as appropriate) partner, director, officer, employee or agent of his from using the same, save the use of company generated marketing materials supplied to the Introducer for use in the manner and for the purposes expressly approved in writing by AFX.
Any matters relating to AFX business, of which the Introducer becomes aware in the course of his dealings with AFX pursuant to this Agreement (including Business introduced by the Introducer), shall be treated as confidential both during and after the introduction thereof even if the introduction is unsuccessful and without limiting the foregoing, this includes quotations, proprietary software applications, and communications between AFX and Introducers or Clients.
8.1 The appointment of the Introducer may be terminated by AFX at any time provided that the notice is issued in writing to the Introducer at his last known address and/or email address. AFX is not obliged to give reasons for such termination.
8.2 Save as provided below, no Commission whatsoever shall be payable after termination in respect of any Business except, at the discretion of the Company.
8.3 The appointment of the Introducer will terminate automatically upon death, bankruptcy, insolvency or receivership of the Introducer or the Introducer
entering into a composition with creditors or the dissolution or variation of a
partnership or winding up of a company, whichever may be appropriate or upon
the cessation of any authorization held by the Introducer necessary or entitling
him to conduct Business.
8.4 On termination the Introducer shall immediately:
(a) Remit all monies due and owing to AFX including any unearned Commission (if any); and
(b) Return all AFX literature, computer software and any other material in
its possession or in the possession of its (as appropriate) partners, directors, officers, employees or agents owned by AFX.
8.5 In the event that AFX considers the Introducer has failed to adhere to paragraphs 3 and 6 in their entirety, AFX reserves the right to terminate the Agreement immediately.
Any notice or other written notification to be given by AFX to the Introducer or vice versa under the terms of this Agreement shall either be sent by airmail, post, E-mail or facsimile transmission at or to the business address, or such other address as may be notified by the relevant party to the other for this purpose, and shall be deemed to be served and given at the time it was so delivered or (in the case of service by post) on the fifth working day after the date upon which the envelope addressed to the party being given such notice and containing the notice was put in the post and providing such service it shall be sufficient to prove that the envelope containing the notice was properly addressed and posted.
10. GENERAL CONDITIONS
10.1 AFX reserves the right to vary this Agreement subject to 30 (thirty) days notice being given to the Introducer provided that where variations are required as a result of legislative or regulatory change in any relevant jurisdiction then if such changes require a variation to take immediate effect the consequent variation will take effect forthwith.
10.2 Notwithstanding any other paragraphs in this Agreement, AFX reserves the right at its sole discretion not to accept Business from the Introducer and shall be under no obligation whatsoever to give any reason for such refusal. If the Introducer is in breach of any terms of this Agreement AFX shall be entitled forthwith and without notice to terminate this Agreement.
10.3 AFX does not recognize any claim for sole or exclusive representation and reserves the right to solicit business itself and to appoint other Introducers as it sees fit.
10.4 Any waiver by AFX of any of the conditions of this Agreement shall be discretionary and without prejudice to any future breaches by the Introducer.
10.5 The Introducer must notify AFX in writing of any change of address to its normal place of business.
10.6 The Introducer must notify AFX in writing of any change of ownership, name, partners, directors or controllers of the Introducer.
10.7 The Introducer must notify AFX in writing immediately on becoming aware that the Introducer and/or any of its owners, partners, directors, officers, controllers, employees and/or agents were, are or are about to be the subject of any investigation, proceeding, charge or disciplinary action for any criminal, civil, regulatory or professional matter wherever and by whatever body.
10.8 The Introducer will from time to time make available on request to AFX such reports, accounts, returns and/or other documents and information regarding the Introducer as AFX deem necessary. All information supplied will be held in strict confidence.
10.9 This Agreement shall be governed by and construed in accordance with the laws of St. Vincent and The Grenadines and the parties agree to submit to the exclusive jurisdiction of the St. Vincent and The Grenadines Courts.
11. DUTIES OF AN INTRODUCER
11.1 An Introducer shall comply with the terms of this Agreement and at all times conduct business with utmost good faith and high standards of integrity, exercising due skill, care and diligence when dealing with his Clients.
11.2 An Introducer shall ensure that he advises a Client sufficiently regarding the legislation affecting the products and services being made available to the Client. This includes taxation legislation, prohibitions against solicitation, AML and CTF policy and laws. If he is unable to do this he should refer the Client to a person who can give the appropriate advice.
11.3 An Introducer should not advise his Client that any particular product or service made available by AFX is guaranteed against loss of some or all of the Clients’ principal, nor shall an Introducer suggest that past performance of any product or service made available by AFX is a guaranty of similar future performance.
11.4 An Introducer should not act in any way which is contrary to the terms agreed with AFX.
11.5 An Introducer should not act in any way which is contrary to any applicable laws, rules, or regulations of the jurisdiction in which the Introducer conducts his business.
11.6 An Introducer should adequately review all materials made available by AFX on its website (www.automatafx.com) including any and all tutorial videos, webinars and written materials, so as to gain sufficient understanding of both the products and services offered by Automata FX, Limited including various functions of the automated platform, functionality of the various algorithms offered and pertinent concepts applied both in Forex and the strategies offered, including, but not limited to trade sequences, draw-downs, hedging, risk versus reward, conservative, moderate and aggressive strategy variations, PIP, margin requirement, margin call, orphan trades, harvesters, market reversal, trade recovery, etc.
11.7 An Introducer should present the requisite Government Required Risk
Disclosure(s) as applicable in the jurisdiction in which the Introducer operates, in all marketing materials presented by the Introducer.
QUESTIONS/COMMENTS: Please direct all questions/comments to
The Commissions paid to an Introducer are as follows:
- 1/2 (one half) pip per round trip trade that is closed in profit (positive trades only) on all personally introduced/referred Individual Accounts. This Commission is calculated quarterly and paid by deposit into the Introducer’s prime trading account, fifteen (15) days following the conclusion of the previous quarter’s business.
- 10% (ten percent) of the portion of the Performance Fee received by the Manager on all personally introduced/referred Managed Accounts, on the part of the profits generated by the referred client’s net deposits only. Commissions are expressly NOT paid on the portion of the Performance Fees generated by clients accruing, accumulated, and/or compounding profits. The Commissions are calculated quarterly and paid by deposit into the Introducer’s prime trading account, fifteen (15) days following the conclusion of the previous quarter’s business.