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COMMI
SION AGREEMENT
Date:
Mailing Address:
Phone Number:
Alternate #
Email Address:
Investment Program
Payout Basis
Please
provide
account
to
receive Commission payments.
Initials _________
Initials
INVESTMENT
Cap Growth Fx
5% of Monthly High water market Net returns on
Introduced funds No later than the 15th day of Every
Month
Page 1 of 8
Initials _________
RECITALS
a) The above parties desire to conduct and/or contribute to a business operation
together.
b) Each party is willing to invest money, services, time, or referrals to help
finance, facilitate, grow, or operate the conduct of the operation.
c) It is agreed that the most desirable form of business for conducting the
operation is a joint venture agreement (JVA) and fee pay agreement (FPA).
For the reason recited above, and in consideration of the mutual covenants
contained in this agreement, the parties agree as follows:
Cap Growth Fx Managed Forex Program management -AFX Capital As Broker Dealer
Operated by CAP GROWTH FX. This Agreement pertains solely to clients being
referred to the managed MAM/PAMM account(s) or privately managed accounts, for
the above mentioned system(s), trading at one or multiple of the following
brokerages;
(NOTE: any new additional brokerages being utilized shall be added in addenda as a
schedule to this JV / IB Agreement)
5. Non-Compete
CAP GROWTH FX, WENDELL HENDERSON and IBNH agree that once any client
monies are raised and accounts are funded and payments settled that the IB`s
referred client accounts at the brokerage belong to CAP GROWTH FX. IBNH will
always be entitled to his/her compensations as long as the account is opened and
trading with CAP GROWTH FX. If IBNH decides to terminate this Agreement or stop
referring accounts to CAP GROWTH FX, they will still be able to receive their regular
commission payouts on all clients still invested with CAP GROWTH FX, so long as
they are not in any violation of this Agreement. IBNH agrees that they will not
solicit clients that belong to CAP GROWTH FX other than the clients already
introduced by IBNH.
7. Disputes
If a dispute arises, the parties will try in good faith to settle it on their own, or
through mediation conducted by a mediator to be mutually selected. The parties
will share the costs of the mediator equally. Each party will cooperate fully and fairly
with each other or with the mediator and will attempt to reach a mutually
satisfactory compromise to the dispute. If the dispute is not resolved within 30 days
after it is referred to the mediator, the matter shall be settled by the arbitration
administered by an agreed upon Arbitration Association in accordance with
Commercial Arbitration Rules. Judgment on the arbitration award may be entered in
any court that has jurisdiction over the matter. Costs of arbitration, including
attorneys fees, will be allocated by the arbitrator.
8. Entire Agreement
This is the entire agreement between the parties. It replaces and supersedes any
and all oral agreements between the parties, as well as any prior writings.
9. Counterparts
The parties may sign several identical counterparts of this Agreement. Any fully
signed counterpart shall be treated as an original.
10. Modification
This Agreement may be modified only by a writing signed by the party against
whom such modification is sought to be enforced.
11. Waiver
12. Severability
If any court having jurisdiction determines that any provision of this Agreement is
invalid or unenforceable, any invalidity or enforceability will affect only that
provision and will not make any other provision of this Agreement invalid or
unenforceable and such provision shall be modified, amended or limited only to the
extent necessary to render it valid and enforceable.
The undersigned covenants and agrees that the undersigned and his/her
corporation, partnership, trusts, divisions, subsidiaries, employees, agents or
consultants or advisors shall not make any contract with any institution,
client, individuals, or other person/s introduced by CAP GROWTH FX without
full consent of CAP GROWTH FX first.
The undersigned will keep confidential the name of any group, institution,
trust organization, or any provider or individuals involved herein.
They have been made aware of their right to obtain, and the desirability of so
obtaining, independent investment, taxation and legal advice prior to
entering into this JVA;
They have read, understood and accepted the provisions of this agreement;
and wishes of his/her/their/its own free will to be bound by such provisions
and to proceed with the Agreement;
They hereby confirm that the persons or monies used in this Agreement are
not sourced from the proceeds of any criminal, illegal narcotics, tax evasion
or terrorist activities.
By signing the signature pages, I/We the undersigned Joint Ventureres acknowledge
having received, read, and that I/We understand all pages of this entire Agreement.
In witness whereof, the parties have executed this agreement on this 7/31/16.
_________________________________________________
_________________________________________________
Name:
__________________________________________
[Printed or Typed Name and Title of Joint Venturer]
Signature: