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VISION L.P. ACCOUNT APPLICATION FORM 1
CFTC REQUIRED RISK DISCLOSURE STATEMENT FOR FUTURES AND OPTIONS - RULE 1.55(c)
THIS BRIEF STATEMENT DOES NOT DISCLOSE ALL OF THE RISKS AND OTHER SIGNIFICANT ASPECTS OF TRADING IN FUTURES AND OPTIONS. IN LIGHT OF THE RISKS, YOU SHOULD UNDERTAKE SUCH TRANSACTIONS ONLY IF YOU UNDERSTAND THE NATURE OF THE CONTRACTS (AND CONTRACTUAL RELATIONSHIPS) INTO WHICH YOU ARE ENTERING AND THE EXTENT OF YOUR EXPOSURE TO RISK TRADING IN FUTURES AND OPTIONS IS NOT SUITABLE FOR MANY MEMBERS OF THE PUBLIC. YOU SHOULD CAREFULLY CONSIDER WHETHER TRADING IS APPROPRIATE FOR YOU IN LIGHT OF YOUR EXPERIENCE, OBJECTIVES, FINANCIAL RESOURCES AND OTHER RELEVANT CIRCUMSTANCES.
FUTURES:
(1) EFFECT OF
"LEVERAGE" OR "GEARING"
TRANSACTIONS IN FUTURES CARRY A HIGH DEGREE OF RISK. THE AMOUNT
OF INITIAL MARGIN IS SMALL RELATIVE TO THE VALUE OF THE FUTURES
CONTRACT SO THAT TRANSACTIONS ARE "LEVERAGED" OR
"GEARED." A RELATIVELY SMALL MARKET MOVEMENT WILL HAVE
A PROPORTIONATELY LARGER IMPACT ON THE FUNDS YOU HAVE DEPOSITED
OR WILL HAVE TO DEPOSIT-, THIS MAY WORK AGAINST YOU AS WELL AS
FOR YOU. YOU MAY SUSTAIN A TOTAL LOSS OF INITIAL MARGIN FUNDS AND
ANY ADDITIONAL FUNDS DEPOSITED WITH THE FIRM TO MAINTAIN YOUR
POSITION. IF THE MARKET MOVES AGAINST YOUR POSITION OR MARGIN
LEVELS ARE INCREASED, YOU MAY BE CALLED UPON TO PAY SUBSTANTIAL
ADDITIONAL FUNDS ON SHORT NOTICE TO MAINTAIN YOUR POSITION. IF
YOU FAIL TO COMPLY WITH A REQUEST FOR ADDITIONAL FUNDS WITHIN THE
TIME PRESCRIBED, YOUR POSITION MAY BE LIQUIDATED AT A LOSS AND
YOU WILL BE LIABLE FOR ANY RESULTING DEFICIT.
(2) RISK-REDUCING ORDERS OR
STRATEGIES
THE PLACING OF CERTAIN ORDERS (e.g. "STOP-LOSS" ORDERS,
WHERE PERMITTED UNDER LOCAL LAW, OR "STOP-LIMIT"
ORDERS) WHICH ARE INTENDED TO LIMIT LOSSES TO CERTAIN AMOUNTS MAY
NOT BE EFFECTIVE BECAUSE MARKET CONDITIONS MAY MAKE IT IMPOSSIBLE
TO EXECUTE SUCH ORDERS. STRATEGIES USING COMBINATIONS OF
POSITIONS, SUCH AS "SPREAD" AND "STRADDLE"
POSITIONS MAY BE AS RISKY AS TAKING SIMPLE "LONG" OR
"SHORT" POSITIONS.
OPTIONS:
(3) VARIABLE DEGREE OF RISK
TRANSACTIONS IN OPTIONS CARRY A HIGH DEGREE OF RISK. PURCHASERS
AND SELLERS OF OPTIONS SHOULD FAMILIARIZE THEMSELVES WITH THE
TYPE OF OPTION (i.e. PUT OR CALL) WHICH THEY CONTEMPLATE TRADING
AND THE ASSOCIATED RISKS. YOU SHOULD CALCULATE THE EXTENT TO
WHICH THE VALUE OF THE OPTIONS MUST INCREASE FOR YOUR POSITION TO
BECOME PROFITABLE, TAKING INTO ACCOUNT THE PREMIUM AND ALL
TRANSACTION COSTS.
THE PURCHASER OF OPTIONS MAY OFFSET OR EXERCISE THE OPTIONS OR ALLOW THE OPTIONS TO EXPIRE. THE EXERCISE OF AN OPTION RESULTS EITHER IN A CASH SETTLEMENT OR IN THE PURCHASER ACQUIRING OR DELIVERING THE UNDERLYING INTEREST. IF THE OPTION IS ON A FUTURE, THE PURCHASER WILL ACQUIRE A FUTURES POSITION WITH ASSOCIATED LIABILITIES FOR MARGIN (SEE THE SECTION ON FUTURES ABOVE). IF THE PURCHASED OPTIONS EXPIRE WORTHLESS, YOU WILL SUFFER A TOTAL LOSS OF YOUR INVESTMENT WHICH WILL CONSIST OF THE OPTION PREMIUM PLUS TRANSACTION COSTS. IF YOU ARE CONTEMPLATING PURCHASING DEEP-OUT-OF-THE-MONEY OPTIONS, YOU SHOULD BE AWARE THAT THE CHANCE OF SUCH OPTIONS BECOMING PROFITABLE ORDINARILY IS REMOTE.
SELLING ("WRITING" OR "GRANTING") AN OPTION GENERALLY ENTAILS CONSIDERABLY GREATER RISK THAN PURCHASING OPTIONS. ALTHOUGH THE PREMIUM RECEIVED BY THE SELLER IS FIXED, THE SELLER MAY SUSTAIN A LOSS WELL IN EXCESS OF THAT AMOUNT. THE SELLER WILL BE LIABLE FOR ADDITIONAL MARGIN TO MAINTAIN THE POSITION IF THE MARKET MOVES UNFAVORABLY. THE SELLER WILL ALSO BE EXPOSED TO THE RISK OF THE PURCHASER EXERCISING THE OPTION AND THE SELLER WILL BE OBLIGATED TO EITHER SETTLE THE OPTION IN CASH OR TO ACQUIRE OR DELIVER THE UNDERLYING INTEREST. IF THE OPTION IS ON A FUTURE, THE SELLER WILL ACQUIRE A POSITION IN A FUTURE WITH ASSOCIATED LIABILITIES FOR MARGIN (SEE THE SECTION ON FUTURES ABOVE). IF THE OPTION IS "COVERED" BY THE SELLER HOLDING A CORRESPONDING POSITION IN THE UNDERLYING INTEREST OR A FUTURE OR ANOTHER OPTION, THE RISK MAY BE REDUCED. IF THE OPTION IS NOT COVERED, THE RISK OF LOSS CAN BE UNLIMITED.
CERTAIN EXCHANGES IN SOME JURISDICTIONS PERMIT DEFERRED PAYMENT OF THE OPTION PREMIUM, EXPOSING THE PURCHASER TO LIABILITY FOR MARGIN PAYMENTS NOT EXCEEDING THE AMOUNT OF THE PREMIUM. THE PURCHASER IS STILL SUBJECT TO THE RISK OF LOSING THE PREMIUM AND TRANSACTION COSTS. WHEN THE OPTION IS EXERCISED OR EXPIRES, THE PURCHASER IS RESPONSIBLE FOR ANY UNPAID PREMIUM OUTSTANDING AT THAT TIME.
ADDITIONAL RISKS COMMON TO FUTURES AND OPTIONS.
(4) TERMS AND CONDITIONS OF
CONTRACTS
YOU SHOULD ASK THE FIRM WITH WHICH YOU DEAL ABOUT THE TERMS AND
CONDITIONS OF THE SPECIFIC FUTURES OR OPTIONS WHICH YOU ARE
TRADING AND ASSOCIATED OBLIGATIONS (e.g. THE CIRCUMSTANCES UNDER
WHICH YOU MAY BECOME OBLIGATED TO MAKE OR TAKE DELIVER OF THE
UNDERLYING INTEREST OF A FUTURES CONTRACT AND, IN RESPECT OF
OPTIONS, EXPIRATION DATES AND RESTRICT1ONS ON THE TIME FOR
EXERCISE). UNDER CERTAIN CIRCUMSTANCES THE SPECIFICATIONS OF
OUTSTANDING CONTRACTS (INCLUDING THE EXERCISE PRICE OF AN OPTION)
MAY BE MODIFIED BY THE EXCHANGE OR CLEARING HOUSE TO REFLECT
CHANGES IN THE UNDERLYING INTEREST.
(5) SUSPENSION OR RESTRICTION
OF TRADING AND PRICING RELATIONSHIPS
MARKET CONDITIONS (e.g. ILLIQUIDITY) AND/OR THE OPERATION OF THE
RULES OF CERTAIN MARKETS (e.g. THE SUSPENSION OF TRADING IN ANY
CONTRACT OR CONTRACT MONTH BECAUSE OF PRICE LIMITS OR
"CIRCUIT BREAKERS") MAY INCREASE THE RISK OF LOSS BY
MAKING IT DIFFICULT OR IMPOSSIBLE TO EFFECT TRANSACTIONS OR
LIQUIDATE/OFFSET POSITIONS. IF YOU HAVE SOLD OPTIONS, THIS MAY
INCREASE THE RISK OF LOSS.
FURTHER, NORMAL PRICING RELATIONSHIPS BETWEEN THE UNDERLYING INTEREST AND THE FUTURE, AND THE UNDERLYING INTEREST AND THE OPTION MAY NOT EXIST. THIS CAN OCCUR WHEN, FOR EXAMPLE, THE FUTURES CONTRACT UNDERLYING THE OPTION IS SUBJECT TO PRICE LIMITS WHILE THE OPTION IS NOT. THE ABSENCE OF AN UNDERLYING REFERENCE PRICE MAY MAKE IT DIFFICULT TO JUDGE "FAIR" VALUE.
(6) DEPOSITED CASH AND PROPERTY
YOU SHOULD FAMILIARIZE YOURSELF WITH THE PROTECTIONS ACCORDED
MONEY OR OTHER PROPERTY YOU DEPOSIT FOR DOMESTIC AND FOREIGN
TRANSACTIONS, PARTICULARLY IN THE EVENT OF A FIRM INSOLVENCY OR
BANKRUPTCY. THE EXTENT TO WHICH YOU MAY RECOVER YOUR MONEY OR
PROPERTY MAY BE GOVERNED BY SPECIFIC LEGISLATION OR LOCAL RULES.
IN SOME JURISDICTIONS, PROPERTY WHICH HAD BEEN SPECIFICALLY
IDENTIFIABLE AS YOUR OWN WILL BE PRORATED IN THE SAME MANNER AS
CASH FOR PURPOSES OF DISTRIBUTION IN THE EVENT OF A SHORTFALL.
(7) COMMISSION AND OTHER
CHARGES
BEFORE YOU BEGIN TO TRADE, YOU SHOULD OBTAIN A CLEAR EXPLANATION
OF ALL COMMISSION, FEES AND OTHER CHARGES FOR WHICH YOU WILL BE
LIABLE. THESE CHARGES WILL AFFECT YOUR NET PROFIT (IF ANY) OR
INCREASE YOUR LOSS.
(8) TRANSACTIONS IN OTHER
JURISDICTIONS
TRANSACTIONS ON MARKETS IN OTHER JURISDICTIONS, INCLUDING MARKETS
FORMALLY LINKED TO A DOMESTIC MARKET, MAY EXPOSE YOU TO
ADDITIONAL RISK. SUCH MARKETS MAY BE SUBJECT TO REGULATION WHICH
MAY OFFER DIFFERENT OR DIMINISHED INVESTOR PROTECTION. BEFORE YOU
TRADE YOU SHOULD ENQUIRE ABOUT ANY RULES RELEVANT TO YOUR
PARTICULAR TRANSACTIONS. YOUR LOCAL REGULATORY AUTHORITY WILL BE
UNABLE TO COMPEL THE ENFORCEMENT OF THE RULES OF REGULATORY
AUTHORITIES OR MARKETS IN OTHER JURISDICTIONS WHERE YOUR
TRANSACTIONS HAVE BEEN EFFECTED. YOU SHOULD ASK THE FIRM WITH
WHICH YOU DEAL FOR DETAILS ABOUT THE TYPES OF REDRESS AVAILABLE
IN BOTH YOUR HOME JURISDICTION AND OTHER RELEVANT JURISDICTIONS
BEFORE YOU START TO TRADE.
(9) CURRENCY RISKS
THE PROFIT OR LOSS IN TRANSACTIONS IN FOREIGN
CURRENCY-DENOMINATED CONTRACTS (WHETHER THEY ARE TRADED IN YOUR
OWN OR ANOTHER JURISDICTION) WILL BE AFFECTED BY FLUCTUATIONS IN
CURRENCY RATES WHERE THERE IS A NEED TO CONVERT FROM THE CURRENCY
DENOMINATION OF THE CONTRACT TO ANOTHER CURRENCY.
(10) TRADING FACILITIES
MOST OPEN-OUTCRY AND ELECTRONIC TRADING FACILITIES ARE SUPPORTED
BY COMPUTER-BASED COMPONENT SYSTEMS FOR THE ORDER-ROUTING,
EXECUTION, MATCHING, REGISTRATION OR CLEARING OF TRADES. AS WITH
ALL FACILITIES AND SYSTEMS, THEY ARE VULNERABLE TO TEMPORARY
DISRUPTION OR FAILURE. YOUR ABILITY TO RECOVER CERTAIN LOSSES MAY
BE SUBJECT TO LIMITS ON LIABILITY IMPOSED BY THE SYSTEM PROVIDER,
THE MARKET, THE CLEARING HOUSE AND/OR MEMBER FIRMS. SUCH LIMITS
MAY VARY, YOU SHOULD ASK THE FIRM WITH WHICH YOU DEAL FOR DETAILS
IN THIS RESPECT.
(11) ELECTRONIC TRADING
TRADING ON AN ELECTRONIC TRADING SYSTEM MAY DIFFER NOT ONLY FROM
TRADING IN AN OPEN-OUTCRY MARKET BUT ALSO FROM TRADING ON OTHER
ELECTRONIC TRADING SYSTEMS. IF YOU UNDERTAKE TRANSACTIONS ON AN
ELECTRONIC TRADING SYSTEM, YOU WILL BE EXPOSED TO RISKS
ASSOCIATED WITH THE SYSTEM INCLUDING THE FAILURE OF HARDWARE AND
SOFTWARE. THE RESULT OF ANY SYSTEM FAILURE MAY BE THAT YOUR ORDER
IS EITHER NOT EXECUTED ACCORDING TO YOUR INSTRUCTIONS OR IS NOT
EXECUTED AT ALL.
(12) OFF-EXCHANGE TRANSACTIONS
IN SOME JURISDICTIONS, AND ONLY THEN IN RESTRICTED CIRCUMSTANCES,
FIRMS ARE PERMITTED TO EFFECT OFF-EXCHANGE TRANSACTIONS. THE FIRM
WITH WHICH YOU DEAL MAY BE ACTING AS YOUR COUNTER PARTY TO THE
TRANSACTION. IT MAY BE DIFFICULT OR IMPOSSIBLE TO LIQUIDATE AN
EXISTING POSITION, TO ASSESS THE VALUE, TO DETERMINE A FAIR PRICE
OR TO ASSESS THE EXPOSURE TO RISK. FOR THESE REASONS, THESE
TRANSACTIONS MAY INVOLVE INCREASED RISKS. OFF EXCHANGE
TRANSACTIONS MAY BE LESS REGULATED OR SUBJECT TO A SEPARATE
REGULATORY REGIME. BEFORE YOU UNDERTAKE SUCH TRANSACTIONS, YOU
SHOULD FAMILIARIZE YOURSELF WITH APPLICABLE RULES AND ATTENDANT
RISKS.
I HEREBY ACKNOWLEDGE THAT I HAVE RECEIVED AND UNDERSTOOD THIS RISK DISCLOSURE STATEMENT.
DATE:_____/_____/_____ X __________________________________________________________________
DATE: _____/_____/_____ X
___________________________________________________________________
(VISION L.P. ACCOUNT APPLICATION FORM 1)
THIS STATEMENT WAS ADOPTED BY THE COMMODITY FUTURES TRADING COMMISSION, AN AGENCY OF THE FEDERAL GOVERNMENT. THE CFTC REQUIRES THAT YOU ACKNOWLEDGE READING AND UNDERSTANDING THIS STATEMENT BEFORE YOU OPEN AN ACCOUNT. PLEASE INFORM A MANAGER IF ANYONE TELLS YOU NOT TO READ THIS STATEMENT OR IF YOU HAVE QUESTIONS THAT HAVE NOT BEEN ANSWERED.
CUSTOMER NAME(S):
_______________________________________________________________
STREET ADDRESS:
_________________________________________________________________
CITY: ________________________________ STATE: _______ ZIP
CODE:__________________
EMPLOYER'S NAME:
____________________________________________________________
POSITION:
______________________________________________________________________
YEARS THERE:________ BUSINESS TELEPHONE:
_______________________________
IRA ACCOUNT: ________YES _________NO
HOME TELEPHONE: ___________________________ FAX NO.:
_______________________________
NUMBER. OF DEPENDENTS: _________________________
SOCIAL SECURITY #: __________________________ DOB:
______/______/______
US CITIZEN: _____YES _____NO
FINANCIAL
INFORMATION
(If Joint Account, Report Combined)
GROSS ANNUAL INCOME US $:
_________________________________
NET WORTH US $ (Excluding Primary Residence):
_________________________________
LIQUID NET WORTH US $:
__________________________________________________
BROKERAGE TRADING INFORMATION
NUMBER OF YEARS EXPERIENCE IN THE
FOLLOWING AREAS:
FUTURES: ___________ FUTURES OPTIONS: _____________ STOCKS:
___________
STOCK OPTIONS: ___________ STOCK OR BOND MUTUAL FUND:____________
NAME OF FCM(S) WHERE YOU PRESENTLY
HAVE AN OPEN FUTURES ACCOUNT:
___________________________________________________________________________
OTHER
INFORMATION
Please indicate the number of years complete
EDUCATION
HIGH SCHOOL: _________ UNDERGRADUATE: __________ GRADUATE:
__________
FIELD OF STUDY:
___________________________________________________________
HAVE YOU EVER FILED A CLAIM AGAINST A COMMODITY OR SECURITIES
BROKER: _____YES ____NO
(If yes please include details in the Additional Information
Section below)
HAVE YOU FILED BANKRUPTCY IN THE LAST 10 YEARS: _____YES _____NO
(If yes please include details in the Additional Information
Section below)
IF JOINT ACCOUNT
JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP: ___________
TENANT-IN-COMMON: ________
(If Joint Account with spouse, include spouse's Social Security,
Age and Occupation Below)
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
IRS REQUIRED TAX INFORMATION (W-9 Section)
Part I: For United States
Citizens, Legal Entities or Foreign Residents. For most
individual taxpayers, the taxpayer identification number is the
Social Security Number.
Social Security Number: _________________________________
Part II: Initial the box if you
are NOT subject to backup withholding under provisions of section
3406(a)(1)(C) of the Internal Revenue Code.
Initial Here: ______________
CERTIFICATION: Under the penalties
of perjury, I certify that the information provided is true,
correct and complete for Section W-9.
Date: _____/_____/_____ Signature:
___________________________________________
VISION IS RELYING ON THIS INFORMATION IN APPROVING MY ACCOUNT AND EXTENDING ME CREDIT.
I (WE) AFFIRM AND REPRESENT
THAT THE INFORMATION IS TRUE AND CORRECT. VISION IS AUTHORIZED TO
OBTAIN A CREDIT REPORT.
DATE: _____________
SIGNATURE: ___________________________________________________
SIGNATURE: ___________________________________________________
| Do Not complete this Grayed Out Area APPROVED BY INTRODUCING BROKER: __________________________________________________ IB PRINCIPAL SIGNATURE: _______________________________________________________________ DATE: _______________ APPROVED BY VISION L.P. FCM: |
CUSTOMER AGREEMENT
In consideration of Vision L.P. ("VISION") accepting the account(s) in commodities, commodity futures contracts, options on commodities, or options on commodity futures contracts (collectively, "futures contracts") for the undersigned ("Customer"), it is agreed:
1. AUTHORIZATION. Customer authorizes VISION to purchase and sell futures contracts for Customer's account in accordance with Customer's oral or written instructions. Each Customer having an interest in a joint account shall have the authority to issue instructions and generally to deal with VISION.
2. GOVERNMENTAL AND EXCHANGE RULES. All transactions shall be subject to rules, regulations, and interpretations of the exchanges, the National Futures Association ("NFA"), and to all applicable federal or state laws and regulations.
3. CLEARING. VISION may execute all purchases and sales of futures contacts for Customer's account through VISION, or through an omnibus clearing arrangement. All rights and obligations extended to VISION pursuant to this Agreement shall also be extended to the exchange clearing member firm.
4. MARGINS. Customer shall provide to and maintain with VISION cash or acceptable margin in an amount that VISION, in its sole discretion, may from time to time determine. Customer agrees to monitor his account to determine if it is properly margined. Customer will immediately forward sufficient funds to cure any margin deficiency without waiting for notice from VISION. Information regarding exchange and VISION margin requirements is available on request from VISION. Margin requirements established by VISION may exceed the margin required of VISION by an exchange. No previous margin established by VISION shall establish any precedent.
5. SECURITY AGREEMENT AND TRANSFER AUTHORIZATION. All property of Customer which VISION may at any time be carrying is held by VISION as security and subject to a general lien and right of set off for all liabilities of Customer to VISION. VISION, in its sole discretion, may apply or transfer any of Customer's property between any of Customer's accounts at VISION as may be necessary for margin or to satisfy or reduce any deficit or debit balance in any of Customer's accounts. Subject to Commodity Exchange Act segregation requirements, Customer hereby grants to VISION the right to pledge, repledge, hypothecate, rehypothecate, or invest, either separately or with the property of other customers, any securities or other property held by VISION for the accounts of Customer, to any exchange or clearing house through which trades of Customer are executed. VISION shall be under no obligation to pay Customer any interest income or benefit derived from Customer's property.
6. LIQUIDATION OF ACCOUNTS. VISION is hereby authorized, in its sole discretion, to take any or all of the following actions to protect itself: (1) satisfy any obligation Customer may have to VISION out of any of Customer's property held by VISION; (2) offset any or all futures contracts positions; (3) initiate new long or short futures contracts positions; (4) cancel any or all open orders; and (5) take any other action VISION deems appropriate. Any of the above actions may be taken without demand for margin or additional margin, or without prior notice to Customer. Customer at all times shall be liable for the payment of any debit balance upon demand by VISION. Customer promptly shall pay the debit and all unpaid liabilities, together with interest and all costs of collection, including reasonable attorneys' fees.
7. DELIVERY MONTH LIQUIDATION INSTRUCTIONS. Customer is responsible for providing to VISION appropriate liquidating instructions, funds, or documents at a reasonable time in advance of expiration of open futures contracts. If Customer fails to do so, VISION may, without notice, liquidate, or make or receive delivery on behalf of Customer. Customer will indemnify VISION for all costs incurred (including but not limited to all fines, loss of interest, or attorneys' fees) by VISION in liquidating, or making or receiving delivery, or retendering delivery notices.
8. CHARGES. Customer agrees to pay such brokerage and commission charges and fees as VISION may establish and change from time to time. Such fees include, without limitation, fees imposed by the NFA and exchanges, and may include a markup to reflect other processing and servicing costs. In the event that Customer's account is transferred to another futures commission merchant, a reasonable transfer charge shall apply, which shall be charged against Customer's account or which Customer shall pay prior to such account being transferred. If Customer's account falls below a cash balance of $750.00, and Customer has not maintained any futures contracts for 30 days, VISION may charge an inactive monthly maintenance fee. If Customer's funds are converted from U.S. dollars to a foreign currency, or from a foreign currency to U.S. dollars, in order to trade on a foreign exchange, VISION may charge a markup in addition to the current exchange rate.
9. STATEMENTS AND CONFIRMATIONS. All communications, monies, securities and other property shall be transmitted to Customer at the address and telephone number shown on the account application. All communications transmitted to Customer shall be deemed to have been received by Customer personally at the time so sent, whether actually received or not. Reports of the execution of orders and daily statements of accounts shall be conclusive and final and shall be deemed to be accepted and ratified by Customer, whether made orally or in writing, unless Customer objects by written communication actually received by VISION prior to the opening of the next regular trading session of the market in which the transaction to which Customer objects was, or was to be, executed. Such written communication shall be sent by certified mail, return receipt requested. In addition, Customer agrees to contact VISION by telephone to verify Customer's account status as soon as is reasonably practicable but in no event later than one business day after placing any order if Customer has not been advised by telephone of the status of such order by VISION within 24 hours after any order is placed. Customer's failure to contact VISION shall relieve VISION of any responsibility or liability with respect to such order. All orders shall only be good for the day such orders are placed, unless specified by Customer to be open orders. All open orders placed by Customer will not be canceled by VISION unless Customer specifically requests cancellation. VISION shall not be held responsible for delays in the transmission or execution of orders due to a breakdown or failure of transmission or communication facilities, or for any other cause beyond VISION's control.
10. MARKET INFORMATION. Customer acknowledges that any market information provided by VISION does not constitute an offer to sell or buy any security or commodity futures contract. VISION makes no representation, warranty or guaranty as to, and shall not be responsible for, the accuracy or completeness of any information furnished to Customer. VISION makes no representation, warranty, or guaranty with respect to tax consequences of Customer's transactions.
11. CUSTOMER REPRESENTATIONS. Customer represents that he is of legal age and sound mind and that, except as disclosed in writing to VISION, no one except Customer has an interest in any account or accounts carried for Customer by VISION. Customer further represents that he is not an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange, any firm registered on any exchange, any futures commission merchant, any introducing broker, or any bank, trust, or insurance company. In the event that Customer becomes so employed, he will promptly notify VISION in writing of such employment.
12. NO WAIVER OR AMENDMENT. No provision of this Agreement may be waived or amended unless the waiver or amendment is in writing and signed by an authorized officer of VISION.
13. BINDING EFFECT. This Agreement shall inure to the benefit of VISION and its successors and assigns, and shall be binding upon Customer and his estate, executors, administrators, legal representatives, successors and assigns.
14. TERMINATION. This Agreement may be terminated by Customer only when Customer has no positions held by or no liabilities owed to VISION. It may be terminated at any time by VISION. Termination shall affect any transaction entered into and shall not relieve Customer of any obligation under this Agreement.
15. RECORDING. Customer agrees that VISION in its sole discretion may record any telephone conversation between VISION and Customer or his agent. Customer agrees that VISION may erase such recordings. The rights in this paragraph extend to any introducing broker or account controller.
16. THIRD PARTY BENEFICIARIES. All rights extended to VISION pursuant to this Agreement shall also be extended to any introducing broker, futures commission merchant, commodity trading advisor, or securities broker/dealer that introduced this account to VISION, which is expressly made a third party beneficiary of this Agreement.
17. PROSPECTIVE CONSENT TO ASSIGNMENT OR TRANSFER OF ACCOUNT(S). Customer hereby prospectively consents to an assignment or transfer of his account(s) at any time hereafter from VISION to another futures commission merchant; provided, Customer receives a written notice of the assignment or transfer and has a reasonable opportunity to object in accordance with all applicable regulations.
18. PUNITIVE DAMAGES. THE PARTIES AGREE NOT TO SUE EACH OTHER FOR PUNITIVE DAMAGES IN COURT OR IN ARBITRATION BEFORE ANY FORUM EVEN IF THE RULES OF THE FORUM ALLOW ARBITRATORS TO AWARD PUNITIVE DAMAGES.
19. ACCEPTANCE. This Agreement shall not be deemed to be accepted by VISION or become a binding contract between Customer and VISION until approved by VISION's New Accounts Department.
* * * SPECIAL ATTENTION IS CALLED TO THE FOLLOWING PROVISIONS * * *
| (Please place your initials on the line preceding these paragraphs, indicating your agreement) |
____ 20. RISK ACKNOWLEDGMENT.
Customer acknowledges that investments in futures contracts are
speculative, involve a high degree of risk, and are suitable only
for persons who can afford to lose all funds invested. Customer
understands that because of the low margin normally required in
futures trading, price changes in futures contracts may result in
significant losses, which may substantially exceed Customer's
margin deposits. Customer recognizes that guarantees of profit or
limitation of loss are impossible in futures trading. Customer
acknowledges that he has received no such guarantees from VISION
or others, and he is not entering into this Agreement in reliance
on any such guarantees. Customer agrees not to hold VISION
responsible for losses incurred through following trading
recommendations or suggestions by VISION or others.
_____21. FORUM SELECTION,
CONSENT TO JURISDICTION AND VENUE. Customer agrees that all
disputes initiated by Customer related to this Agreement, or any
related agreement, shall be litigated or arbitrated only in a
forum whose situs is in Chicago, Illinois, whether a court of law
or equity, administrative tribunal, or arbitration association.
Customer consents and submits to the jurisdiction of any state or
federal court located within Chicago, Illinois. Customer appoints
and designates VISION (or any other party whom VISION may from
time to time hereinafter designate) as Customer's true and lawful
attorney-in-fact and duly authorized agent for service of legal
process, and agrees that service of such process upon VISION or
such other party shall constitute valid personal service of such
process upon Customer; provided, that VISION or such other party
shall, within five days after receipt of any such process,
forward the same by air courier or by certified or registered
mail, together with all papers affixed thereto to Customer at
Customer's mailing address. Customer hereby waives any right to
transfer or change the venue of any litigation or arbitration.
Notwithstanding the foregoing, VISION may initiate any action to
collect any amounts due VISION in any state or jurisdiction where
there is personal jurisdiction over Customer or where Customer
may have property located.
_____22. LIMITATION OF ACTIONS.
CUSTOMER AGREES THAT NO ACTION ARISING OUT OF TRANSACTIONS UNDER
THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR
AFTER THE CAUSE OF ACTION AROSE. This time limitation may be
substantially shorter than that granted by federal or state law.
Other futures commission merchants do not include this limitation
in their customer agreement. Though VISION will not accept your
account if you do not voluntarily agree to this limitation, you
may open your account with another futures commission merchant.
_____23. INDEMNIFICATION. Customer agrees to indemnify VISION and hold VISION harmless from and against any and all liabilities, losses, damages, costs and expenses, including accountants' and attorneys' fees, incurred by VISION because any of Customer's representations and warranties shall not be true and correct, or because the agreements made by Customer shall not be fully and timely performed. Customer also agrees to indemnify VISION and hold VISION harmless from and against any and all damages, costs, and expenses, including attorneys' fees, incurred by VISION in enforcing of any of the provisions of this agreement or any related agreement. If Customer initiates a legal action, regardless of form, against VISION, and the Customer does not prevail, Customer will indemnify VISION for all costs and expenses incurred by VISION to defend itself, including attorneys' fees.
IF THIS ACCOUNT IS INTRODUCED
BY AN INDEPENDENT FIRM, VISION'S LIABILITY IS LIMITED TO
EXECUTION AND BOOKKEEPING OF TRADES. SEE NEXT SECTION.
DATE: _____/_____/_____ X
____________________________________________________________
DATE: _____/_____/_____ X
____________________________________________________________
(VISION L.P. FORM 3)
ARBITRATION AGREEMENT
Any controversy among VISION L.P. ("VISION"), the introducing broker, and the Customer arising out of or, relating to Customer's account(s) shall be, except as provided below, resolved by arbitration in accordance with Part 180 of the regulations promulgated under the Commodity Exchange Act. The introducing broker or certified trading advisor which introduced this account to VISION is expressly made a third party beneficiary of this Arbitration Agreement. THE PARTIES AGREE NOT TO SUE EACH OTHER IN ARBITRATION BEFORE ANY FORUM FOR PUNITIVE DAMAGES. REGARDLESS OF THE RULES OF THE FORUM, ARBITRATORS SHALL NOT HAVE AUTHORITY TO AWARD PUNITIVE DAMAGES.
At such time as Customer notifies VISION that Customer intends to submit a claim to arbitration, or at such time as VISION notifies Customer of VISION's intent to submit a claim to arbitration, Customer will have the opportunity to elect a qualified forum for conducting the proceeding. Within ten business days after receipt of such notice from Customer or at the time VISION so notifies Customer, VISION must provide Customer with a list of three or more organizations whose procedures qualify them to conduct arbitrations in accordance with the requirements of Regulation 180.2, together with a copy of the rules of each forum listed. The Customer shall, within 45 days after receipt of this list and notice, notify VISION of the organization selected. The Customer's failure to provide such notice shall give VISION the right to select an organization from the list.
VISION will pay any incremental fees which may be assessed by a qualified forum for provision of a mixed panel, unless the arbitrators in a particular proceeding determine that Customer has acted in bad faith in initiating or conducting that proceeding.
THREE FORUMS EXIST FOR THE RESOLUTION OF COMMODITY DISPUTES: CIVIL COURT LITIGATION, REPARATIONS AT THE COMMODITY FUTURES TRADING COMMISSION (CFTC) AND ARBITRATION CONDUCTED BY A SELF-REGULATORY OR OTHER PRIVATE ORGANIZATION.
THE CFTC RECOGNIZES THAT THE OPPORTUNITY TO SETTLE DISPUTES BY ARBITRATION MAY IN SOME CASES PROVIDE MANY BENEFITS TO CUSTOMERS, INCLUDING THE ABILITY TO OBTAIN AN EXPEDITIOUS AND FINAL RESOLUTION OF DISPUTES WITHOUT INCURRING SUBSTANTIAL COSTS. THE CFTC REQUIRES, HOWEVER, THAT EACH CUSTOMER INDIVIDUALLY EXAMINE THE RELATIVE MERITS OF ARBITRATION AND THAT YOUR CONSENT TO THIS ARBITRATION AGREEMENT BE VOLUNTARY.
BY SIGNING THIS AGREEMENT YOU: (1) MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW; AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR VISION L.P. MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE WHICH MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF VISION L.P. INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 "REPARATIONS" PROCEEDING BEFORE THE CFTC, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE IN WHICH TO MAKE THAT ELECTION.
YOU NEED NOT SIGN THIS
AGREEMENT TO OPEN AN ACCOUNT WITH VISION L.P.. SEE 17 CFR
180.1-180.5.
DATE: _____/_____/_____ X
________________________________________________
DATE: _____/_____/_____ X
________________________________________________
(VISION L.P. FORM6)
ACCOUNT TRANSFER
FORM
Date: _____/_____/_____ TO:
TRANSFERRING FIRM
__________________________________________
__________________________________________
__________________________________________
__________________________________________
Telephone:
____________________________
Account Name:
_____________________________
Account Number:
_____________________________
FROM: RECEIVING FIRM:
VISION L.P.
One Whitehall Street
15th Floor
New York, New York 10004 212-859-0200
_______________________________________
(Signature of Receiving Firm) Dear Sir/Madam:
Please be advised that I desire to transfer my account balance, margin, open futures and options positions, and treasury bills from you to VISION L.P., One Whitehall Street, 15th Floor, New York, New York 10004, effective ____________, 19_____. Accordingly, this letter will serve as authorization and direction to you to close my account(s) with your firm and to issue a check, representing the net available amount of each of my accounts as of the market close of this date. I further direct you make such check payable and sent as follows:
TO: VISION L.P.
Account Name:
___________________________________________________
Account Number: _______________________________________________________
One Whitehall Street, 15th Floor
New York, New York 10004
In addition, I direct you to
transfer all open futures and options positions to VISION L.P.,
including the margin held for my open positions with your firm as
of the market close on this date. Further, please cancel all open
orders for my account(s) on your books.
Customer Signature:
_____________________________________________________
(Print Name):
____________________________________________________________
DATED: _____/_____/_____
Customer Signature:
_____________________________________________________
(Print Name):
____________________________________________________________
DATED: _____/_____/_____
1. The amount of funds you have committed to your futures and/or options account might be overly substantial in relation to your annual income/net worth.
2. Based on your personal information and investment experience, futures and/or options trading might be too risky of an investment strategy.
Futures and options trading is considered a risky form of investment. If you have pursued conservative forms of investment in the past you may wish to study futures and options trading further before considering an investment of this type. When trading futures, you must realize that you could sustain a total loss of all funds you deposit with your broker as initial margin as well as substantial amounts of additional capital. When purchasing options, your losses are limited to the amount of your premium plus commissions and fees, unless you exercise your option and acquire the underlying futures contract.
We ask that you acknowledge, by your signature below, that the funds you have committed are purely risk capital, and such an investment will not jeopardize your style of living, nor will it detract from your future retirement program. You further acknowledge that you fully understand the nature of such an investment the risks involved, and that your obligations to others will not be neglected by possible loss of funds invested.
I ACKNOWLEDGE RECEIVING A COPY
OF THE ADDITIONAL RISK DISCLOSURE STATEMENT. I HAVE READ AND
UNDERSTAND IT.
Customer Signature:
___________________________________________
Date: ________/________/________
Customer Signature (Joint Party):
_______________________________________________
Date: ________/________/________
Online Trading Forms:
VISION L.P.
INTERNET ORDER XPRESS MILLENNIUM (
IOXM)
ONLINE TRADING SERVICES AGREEMENT
READ THIS ONLINE TRADING SERVICES AGREEMENT BEFORE USING VISION L.P.'s INTERNET ORDER XPRESS. USE OF INTERNET ORDER XPRESS BY YOU, WITH OR WITHOUT THIS SIGNED AGREEMENT, CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING TERMS.
1.
SUPPLEMENTAL AGREEMENT. This Online Trading Services
Agreement ("Agreement") supplements all other
agreements between Vision L.P. ("VISION") and you, the
customer ("Customer"). This Agreement is to be
construed consistent in all respects with other agreements
Customer has executed with VISION and does not void any
obligations, undertakings, or waivers, previously agreed to by
Customer. If any provision of this Agreement is invalid or
unenforceable under applicable law, it is, to that extent, deemed
omitted and the remaining provisions will continue in full force
and effect.
2.
SCOPE OF AGREEMENT. The terms of this Agreement shall
apply to all orders placed by Customer via VISION's Internet
Order Xpress Millennium ("IOXM") order entry system and
all communications regarding reports or confirmation of such
orders.
3.
CUSTOMER'S RESPONSIBILITY. Customer agrees to be
responsible for profits and losses resulting from all orders
entered by means of Customer's access or PIN number(s) and
account number(s). Customer agrees to bear all risk of
unauthorized access to Customer's account and theft of Customer's
access or PIN number(s). Nevertheless, Customer agrees to
notify VISION immediately of any loss, theft, or unauthorized use
of Customer's access or PIN number(s), password(s), or account
number(s). All IOXM orders received by VISION will be
deemed to have been placed by Customer when received by VISION
and in the form received by VISION. Customer acknowledges
that there are limits set by commodity on the maximum number of
contracts on an order going directly to the floor of an exchange.
Customer also understands that orders going directly to the
exchange floor are not seen or reviewed by VISION's order desk.
Customer is responsible for knowing the margin requirements
applicable to his account. VISION reserves the right to
place restrictions on Customer's account and to require a margin
deposit equal to or greater than exchange minimums prior to the
execution of any order. If Customer enters an order which
places the account in an undermargined position, Customer agrees
to immediately deposit sufficient funds via the fastest means
available to cure such deficiency. VISION will not be
responsible for any delay or failure to provide IOXM service,
including the execution of any order, if there is a restriction
on Customer's account or Customer delays or fails to satisfy a
margin requirement.
4.
ORDER ENTRY SYSTEM ONLY. IOXM is an order entry system
only. Customer acknowledges that VISION does not provide
trading advice, trade recommendations, or solicit orders, via
IOXM. Customer accepts complete responsibility for
generating all trading ideas executed via IOXM and agrees not to
hold VISION liable for trading losses resulting from correctly
executed orders Customer places via IOXM.
5.
SUPPLIED INFORMATION. Customer acknowledges that some
or all of the information available through IOXM ("Supplied
Information") may be supplied by various independent sources
("Independent Information Suppliers"). While
VISION believes these Independent Information Suppliers to be
reliable, it does not guarantee the accuracy, completeness,
timeliness, non-interruption, or sequencing, of the Supplied
Information by Independent Information Suppliers. Customer
agrees that neither VISION nor the Independent Information
Suppliers shall be liable for the accuracy, completeness,
timeliness, interruption, or sequencing, of the Supplied
Information, or for any decision made by Customer, or taken by
Customer, in reliance upon the Supplied Information. The
Supplied Information is the property of the Independent
Information Suppliers and may be protected by copyright. Customer
agrees not to reproduce, retransmit, disseminate, sell, or
distribute, the Supplied Information in any form or manner
without the express written consent of VISION and the Independent
Information Supplier.
6.
FORCE MAJEUR. VISION shall not be liable for losses
resulting from system failure, breakdown of equipment, breakdown
of communications lines, telephone or other interconnect
problems, severe weather, earthquakes, strikes or other labor
problems, or any other causes over which VISION does not exercise
direct control.
7.
LIMITATION OF REMEDY. IN NO EVENT SHALL VISION BE
LIABLE TO CUSTOMER OR ANY THIRD PARTIES FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, TRADING LOSSES, OR DAMAGES THAT RESULT
FROM INCONVENIENCE, DELAY, OR LOSS OF THE USE OF IOXM. CUSTOMER'S
SOLE AND EXCLUSIVE REMEDY FOR INCORRECT EXECUTION BY VISION OF AN
IOXM ORDER SHALL BE TO REVERSE ANY COMMISSIONS CHARGED FOR
EXECUTION OF THE INCORRECTLY EXECUTED IOXM ORDER.
8.
RATIFICATION. Customer agrees to notify VISION of any
incorrect information, inaccuracies, or unauthorized trades,
contained in any report or confirmation issued by VISION within
24 hours of the issuance of the report or confirmation whether or
not actually received by Customer. Customer shall be
responsible for reviewing reports or confirmations of trades as
often as necessary to determine the accuracy of such reports.
Failure to notify VISION of incorrect information, inaccuracies,
or unauthorized trades, within 24 hours of the issuance of a
report or confirmation shall be deemed to be ratification by
Customer.
9.
INDEMNIFICATION. Customer agrees to indemnify and hold
VISION and the Independent Information Suppliers harmless from
and against any and all claims, losses, liabilities, costs, and
expenses, including, but not limited to, attorney's fees, arising
from Customer's violation of this Agreement or expenses, costs,
or attorney's fees incurred by VISION to enforce this Agreement.
10.
TERMINATION. VISION reserves the right to terminate
Customer's access to IOXM without notice and without limitation
for any reason whatsoever.
11.
PERSONAL DATA. Customer agrees that VISION may hold and
process by computer or otherwise any information obtained about
Customer as a result of Customer's use of IOXM ("Personal
Data") which may be accessed and used by VISION for
operational purposes, credit assessments, or statistical or
behavior analysis. Customer agrees that VISION may provide
information concerning products and services (including those
supplied by third parties) to Customer. Customer agrees
that VISION may disclose Personal Data but only to licensed
credit reference agencies, to VISION's subcontractors, agents or
Independent Information Suppliers, or if compelled to do so by
law. Customer's Personal Data may electronically transit or
be transferred through any country in the world. Customer's
Personal Data will be deleted as soon as possible after Customer
ceases using IOXM. Customer has the right to inspect
Customer's Personal Data held by VISION and to have incomplete or
inaccurate information rectified. If Customer wants to
exercise any of these rights, or if Customer does not want the
Personal Data used to provide information concerning products and
services, Customer must notify VISION in writing.
THIS
IS A CONTRACTUAL AGREEMENT. BY SIGNING BELOW YOU REPRESENT
THAT YOU HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND
CONDITIONS AND AGREE TO BE BOUND BY THEM.
________________________________
(VISION Account Number)
__________________________________
_______________
Customer Signature
Date
____________________________________
Customer Signature (if joint account)Date
____________________________________
E-Mail Address (required)
_________________________
PIN Number (select up to 8 characters in length) (Required)
FUNDING YOUR ACCOUNT:
To begin trading, you may fund your account in two ways:
You may wire funds to:
Harris Trust and Savings Bank
111 West Monroe
Chicago, IL 60690-0755
ABA number: 071000288
For: VISION L.P.
Customer Segregated Funds Account Number: 438-240-4
Further Credit to the Account
of_________________________________________________________________
(Name(s) and number of your VISION L.P. Account)
Completed forms may be mailed or sent via facsimile to the address provided below:
Level2Futures.com
C/O Orion Futures Group, Inc.
1905 West Busch
Blvd.
Tampa,
Florida 33612 U.S.
888-769-9499
Fax: (813) 876-5530
Ask for Derek Dobrowolski or Marlene in New Accounts