Terms And Conditions

This Training Services Agreement (the “Agreement”) is entered into this 11th day of July, 2011, between Traders International, Ltd. (“Company”) and wire test (“Student”).

WHEREAS, Company offers training course and support services designed to educate students regarding the trading techniques to be utilized in trading in certain futures and Forex contracts;

WHEREAS, Student desires to enroll in Company’s training course; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, and for other good and reasonable consideration, the receipt and sufficiency of which are acknowledged, Company and Student agree as follows:

I. Training Course

A. Upon the Company’s acceptance of this Agreement, the Company agrees to provide Student with instruction in trading via an eLearning course. The Company shall provide Student with materials as the Company deems necessary to instruct and inform Student.

B. Upon completion of the eLearning course set forth in paragraph I.A., above, the Company shall provide Student with the following:

a. access to its course materials through an online eLearning course;
b. materials to allow Student to participate in trading simulations
c. access to the simulated trading rooms for the amount of time purchased at time of
enrollment from the date the student activates Student’s access;
d. access to its website’s members’ page;
e. online interactive classes and support sessions

II. Payment

In consideration for receiving the materials and services set forth in paragraph I., Student agrees to pay (i) an initial payment of $3,875.00 and (ii)0 monthly payment(s) in the amount of $0.00 until their balance is paid in full. Payment must be made in U.S. dollars and in the form of cash, credit or paypal. No refund will be given for any reason after the student receives the course materials. In the event that Student fails to make a scheduled payment on time, access to the Company’s materials and services set forth in paragraph 1.may be restricted by the Company until such time as Student is current in Student’s payments.

III. Non-Disclosure of Proprietary Information

Student acknowledges and understands that Company has devoted a substantial amount of time and effort, and has incurred substantial costs, in developing the course materials, the support services, and all information developed in connection with the training (“Proprietary Information”).

Company’s Proprietary Information includes, without limitation, training course, all written training course materials, marketing and advertising materials and methods, trading methods developed by Company, methods of operations, publications, and business practices. Company derives economic value, both actual and potential, from not having its Proprietary Information generally known or ascertainable by other persons who can obtain economic value from its disclosure or use. Additionally, Company has made substantial efforts to ensure that its Proprietary Information remains available only to Students in good-standing and not to the public in general.

Student understands that during the training course Student will gain access to Company’s Proprietary Information. While Student is certainly entitled, and in fact encouraged, to utilize all of the information obtained through the training course in pursuing Student’s goal of learning successfully to trade futures and Forex contracts, Student covenants that Student will not use said Proprietary Information for any purpose inconsistent with the terms and spirit of this Agreement. Specifically, Student agrees that Student shall not for any reason, at any time, without the written consent of Company, disclose to any person or entity any of Company’s Proprietary Information.

IV. Covenant Not to Utilize Proprietary Information to Compete with Company

Student covenants that Student is enrolling in the training course for the sole purpose of becoming educated with the personal goal of learning to trade futures and Forex contracts for Student’s own account. Student covenants that Student is not enrolling in the training course for reasons associated with competing with Company’s business enterprise or otherwise obtaining Company’s
Proprietary Information for any use inconsistent with the teachings of this training course.

Student acknowledges and agrees that Company has a valid and protectable interest in preserving its business enterprise of offering training courses that teach trading methodologies. Consistent with the foregoing, Student agrees, that for a period of three (3) years after Student enrolls in Company’s training course, Student will not, directly or indirectly, on Student’s behalf or on behalf of or in conjunction with others, as principal, agent, servant, or otherwise, to engage in, or have an interest in, the same or competitive line of business, such as trading hotline, chat room, trading software, or similar business enterprise, now carried on by Company anywhere in the world.

V. Reasonableness and Enforceability

The parties hereto have attempted to limit the restrictive covenants set forth in this Agreement to the extent necessary reasonably to protect Company’s legitimate business interests. Student acknowledges that the scope of paragraph III, restricting the disclosure of Company’s Proprietary Information, is reasonable. Student also acknowledges that the scope of paragraph IV, restricting the use of Company’s Proprietary Information to compete against the Company, is also reasonable. Notwithstanding the foregoing, the parties recognize that reasonable people may differ in making such a determination. Consequently, the parties hereby agree that if the scope or enforceability of the covenants set forth in this Agreement is in any way disputed at any time, a court or other trier-of-fact may modify and enforce the covenants to the extent that it believes the covenants to be reasonable under the circumstances existing at that time.

VI. Representations and Warranties

By executing this Agreement, Student represents and warrants that:

A. No one affiliated with the Company has guaranteed that utilizing the Company’s trading course will result in profits, or avoid losses;

B. Student is aware that futures and Forex trading involves substantial risk of loss;

C. If Student decides to open a trading account; Student will fund such an account exclusively with risk capital and is prepared to lose all or part of these funds;

D. Student is aware that the Company is not required to be and is not registered with the Commodity Futures Trading Commission or any other state or federal agency and is not a member of the National Futures Association, and thus Student will not be afforded certain additional regulatory protections;

E. Any reliance on information provided by the Company is at the sole risk of the Student, and if Student participates in transactions based on such information, Student does so at Student’s own risk, and that the Company is in no way responsible for any losses incurred by virtue of Student’s participation in such transactions;

F. Student understands that the Company is not in any way affiliated with or the agent of any futures and Forex commission merchant, introducing broker, commodity trading advisor, and/or commodity pool operator, and thus Student agrees to indemnify and hold the Company harmless for the acts of such entities or individuals;

G. Student understands that if Student opens a trading account, the Company is not responsible for losses incurred by Student as the result of adverse market conditions, poor order execution, data feed problems, technical difficulties, market disruptions or suspensions, or any other circumstances which may occur which may have the effect of hindering Student’s trading;.

H. Student understands that if Student opens a trading account, Student will be charged brokerage commissions per each contract which will limit the student’s ability to profit;.

I. Student understands that if Student opens a trading account, market conditions may make it difficult or impossible for Student to affect trades at desired prices which will limit Student’s ability to profit;.

J. Student represents that Student has the legal power and authority to enter into this Agreement and be bound by its terms and that this Agreement shall be enforceable against Student in accordance with its terms;

K. Student has read and understood all of risk disclosures set forth in the Company’s website, www.tradersinternational.com with regard to futures trading;

L. Student acknowledges that the nature of the services provided in accordance with this Agreement do not give rise to a fiduciary duty between the Company and Student, and that both are operating independently in connection with the delivery and acceptance of such services; and

M. Student understands that Student’s representations and warranties set forth in this paragraph and in this Agreement are conditions precedent without which the Company will not enter into this Agreement.

VII. Dispute Resolution

A. General. Any controversy which touches or concerns this Agreement or Student’s enrollment in Company’s training course to any degree, however slight, whether it be between Student and Company or any of its shareholders, directors, officers, employees, agents, or affiliates, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its rules for commercial disputes. Any arbitration shall take place in Houston, Texas, or as otherwise agreed by the parties.

B. Relief. In any such controversy, the arbitrator may grant any relief, legal or equitable, interim or final, which could be granted by a court of competent jurisdiction. Further, the parties shall have the right to enforce this Agreement and to recover their respective costs and attorney fees incurred in enforcement, including any confirmation, modification, or vacatur proceeding or appeal from such proceeding. Moreover, this clause shall not preclude either party from seeking preliminary injunctive relief from any state or federal court in Harris County, Texas, the parties consenting to the jurisdiction of such court.

C. Authority. This Agreement shall be governed by and interpreted according to the laws of the United States of America and to the laws of the State of Texas. Additionally, this arbitration provision shall survive the termination of this Agreement and is governed by the Federal Arbitration Act. Student waives any objections, which he/she may have based on improper venue or forum
non-conveniens.

VIII. Term

The term of the Agreement shall commence on the date set forth above and continue in full force and effect consistent with the terms and the scope of the restrictive covenants set forth in Sections III and IV, above.

IX. Waiver

The failure of either party to exercise any right or remedy available to it under this Agreement or at law shall not constitute a waiver of the later exercise thereof.

X. Severability

Any invalid or unenforceable provision of this Agreement shall not affect any other provision hereunder and the remainder of the Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement is held to be over broad, invalid or unenforceable by a court of competent jurisdiction, Company and Student agree that the court may modify or amend such provision to allow for enforcement to the maximum extent permitted under the law.

XI. Entire Agreement

This Agreement contains the entire understanding of the parties and may only be modified by a written instrument signed by both parties. Further, this Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, and assigns.

XII. Counterparts

This Agreement may be executed in two or more counterparts, any one of which shall be deemed the original without reference to the others.

The undersigned Student, by affixing his or her initials, date of birth and full legal name below, states that Student has read and understands the foregoing Agreement and agrees to be bound by its terms.