Sales Agreement



Platinum Trading Solutions, Inc.

5340 N. Federal Hwy Suite 204
Lighthouse Point, FL 33064
Office 866-750-9030
Fax 866-222-3491

Gold Membership:

PCSP C, Bravo ER2, Gemini, and XS Alpha. Also includes access to Silver Programs as well. Purchase also includes access to new systems in the future.

Sales Agreement

This Sales Agreement (the “Agreement”) is made as of , by and between the undersigned individual, (“Customer”); and Platinum Trading Solutions (“PTS”) (collectively, the “Parties”).

WHEREAS, Customer wishes to become a client of Platinum Trading Solutions by purchasing access to third-party automated trading software for use in trading Financial Indices;

WHEREAS, Platinum Trading Solutions is duly authorized and has the right to sell various third-party automated trading software to Customer and to its customers generally and Platinum Trading Solutions is hereby willing to sell various automated trading software to the Customer under the terms and conditions set forth in this Agreement;

NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows:

  1. Recitals. The foregoing recitals are incorporated in and made part of this Agreement.
  2. Definitions. The System shall mean one or several third-party automated trading software (the "System"), including any updates or enhancements thereto provided by Platinum Trading Solutions generally during the term of this Agreement.
  3. Customer Acknowledgement and Agreement. Notwithstanding any other communications between Platinum Trading Solutions and its customers and prospects to the contrary, receipt or use of any materials provided by Platinum Trading Solutions at any time, distributed via any method, represents acknowledgement by such persons of this disclaimer and agreement with its terms and conditions.
  4. System Purchase. The client agrees that by signing below they are agreeing to purchase access to the System and to pay Platinum Trading Solutions compensation as specified in Paragraph 7 below. Upon purchase of the System, effective as of the date of this Agreement, Platinum Trading Solutions agrees to give access to Customer the selected System, access to Customer Support, access to www.platinumtradingsolutions.com and all related educational material and customer support offered by Platinum Trading Solutions under the terms and conditions of this Agreement.
  5. Customer Trades. Customer hereby agrees to establish a brokerage account ("Customer's Account") and to execute a limited power of attorney granting the brokerage firm at which Customer's Account is held the right to execute for the Customer's Account all trades generated by the System. Customer agrees that the brokerage firm, its employees, agents or assigns (the "Broker") shall have complete access to the information generated by the System and that the Broker is instructed accordingly to rely on its own expertise in executing trades generated by the System for Customer's account. Customer agrees that such execution by Broker is automatic, without Customer's pre-approval and according to the best efforts of the Broker. Customer agrees that all gains, losses and costs associated with trading generated in Customer's Account shall remain the complete and exclusive responsibility of the Customer.
  6. Customer Support. Purchase of access to the System by Customer entitles Customer to full support. Currently, the System is supported by Trade Forecast, Trade Update, and Trade Summary emails.  Telephone access to Trader Support is available for questions, concerns and education about the system.  The Trader Support department is available directly at (866) 750-9030 or TraderSupport@platinumtradingsolutions.com.
  7. Cost. As compensation for services provided by Platinum Trading Solutions under the terms and conditions set forth in this Agreement, Customer agrees to pay for the following system:
    1. an initial access of five-thousand nine-hundred ninety-five United States dollars ($5,995.00) for the System and related services provided by Platinum Trading Solutions under the terms and conditions set forth in this Agreement due at the signing of this Agreement;
    2. a monthly, non-refundable one-hundred and forty-nine United States dollar ($149.00) fee for continued access to the System and related services payable on the first day after the one-hundred eighty (180) calendar day initial access period has expired. Such continued customer access fee is non-refundable, charged monthly for the continual maintenance of the System by the system developer and for continued data provision to the System. Customer may cancel at any time with written notice. If Customer has already paid for access for the particular thirty day (30-day) billing period during which notice of termination is given, the monthly maintenance fees shall terminate at the end of that billing period.

    Signature Date

  8. Satisfaction Based Guarantee. Customer shall have the right, after trading the system in a Broker Assisted account for a minimum of one hundred eighty (180) calendar days, to return the System and cancel the service provided by Platinum Trading Solutions. Notice of such return and cancellation shall be in writing and delivered to Platinum Trading Solutions within three (3) days after the one hundred eightieth (180th) calendar day. If Customer returns the System and cancels the services provided by Platinum Trading Solutions in writing during the three (3) days provided, Platinum Trading Solutions agrees to refund the initial five-thousand nine hundred ninety-five United States dollars ($5,995.00) payment, less two hundred ninety nine United States dollars ($299.00). Platinum Trading Solutions agrees to act in good faith at all times and shall not unreasonably withhold refund. This guarantee will expire within 3 days after one hundred eighty (180) calendar. This guarantee will not be honored by Platinum Trading Solutions after the one hundred eighty (180) day period should the cumulative net profits in Customer's account from trades generated by the system equal or exceed $ 100. This guarantee is null and void if customer cancels or suspends trading in his Broker Assisted account before one hundred eighty (180) calendar days have elapsed, or if an account has not been opened, funded and traded within 90 days of this agreement being signed.
  9. Reports and Rights of Inspection. Customer shall grant to Platinum Trading Solutions the right to an accounting of the activity in Customer’s Account, as well as such other documentation and records as Platinum Trading Solutions, in its sole discretion, deems necessary to ensure the accuracy and sufficiency of the Customer’s trading performance using the System. Customer shall authorize Broker to provide Platinum Trading Solutions with regular financial statements setting forth the performance of Customer’s Account. Such regular statements shall be made available to Platinum Trading Solutions as promptly as practicable. Customer agrees to participate fully in the conducting of such an accounting and Platinum Trading Solutions agrees to use commercially reasonable efforts to minimize disruption to Customer and to execute such documentation as Customer reasonably deems necessary to ensure the confidentiality of such an accounting. Notwithstanding the foregoing, Platinum Trading Solutions can use the information derived from such accountings to enforce Customer payment obligations thereunder.
  10. Disclaimer of Liability. Platinum Trading Solutions and its respective shareholders, officers, directors, employees, agents, parents, affiliates, and controlling persons shall not be responsible or liable for any losses, claims, damages, or expenses (including, but not limited to, loss of profits, loss of interest or other earnings, loss of use, or direct, indirect, incidental or consequential damages or punitive, exemplary or aggravated damages), resulting from: (a) any error, failure, fault, act of negligence or omission, or misconduct of Customer and its respective shareholders, officers, employees, agents, parents, affiliates, controlling persons and consultants; (b) Customer’s use of or inability to use the System; (c) any unauthorized use of the System; (d) any action taken by or on the instruction of any exchange, clearing house or regulatory authority; (e) failure of power, transmission or communication facilities; (f) any error, failure, fault, inadequate performance, or non-performance, malfunction, delay, omission, maintenance or inaccuracy, suspension or termination (1) resulting from any computer, hardware, equipment, software, network components, telecommunication systems, servers or any order routing system utilized in connection with the System; (2) preventing, interrupting or interfering with entry, sequencing, cancellation or execution of orders for Customer Account, including systems failures, malfunctions, communication failures, equipment or software failures or malfunctions, system access, system capacity, high Internet traffic demand and security breaches; or (3) resulting from error, omission or delay in the report of transactions, quotations, prices, exchange rates or other market or transaction information; (g) any damage to Customer or Broker’s computer, software, modem, telephone or other property resulting from Customer or Broker's use of the System; (h) any cause or causes over which Platinum Trading Solutions do not have direct control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, bugs, errors, configuration problems or incompatibility of computer hardware or software, failure or unavailability of Internet access, problems with Internet service providers or other equipment or services relating to Customer’s or Broker's computer, problems with intermediate computer or communications networks or facilities, problems with data transmission facilities or with telephone or telephone service, unauthorized access, failure of public transportation, common carrier communication or utility systems, severe weather, earthquakes and strikes or other labor problems beyond its control; (i) any "force majeure" which shall mean war, terrorism, insurrection, riot, strike, act of God, fire, flood, extraordinary weather conditions, accident, action of government authority, enemy action, civil disturbance, rebellion, explosion, lockout, action of exchange, clearing house or clearing organization, or the insolvency, bankruptcy, receivership, liquidation or other financial difficulty of any bank, clearing broker, exchange, market, clearing house or clearing organization; or (j) any adverse tax implications of any Contract whatsoever. Customer shall be responsible for all orders entered on its behalf in accordance with information generated by the System and Customer shall be fully liable for the settlement of any Contract arising therefrom. The disclaimers of liability herein shall apply regardless of the form of action and forseeability of the liability, loss or damages.
  11. No Warranties. Customer understands and agrees that the System is provided “as is” and without warranty of any kind by Platinum Trading Solutions with respect to transfer or receipt of market data. Notwithstanding the efforts of Platinum Trading Solutions to make the System secure, Customer acknowledges that the internet is inherently insecure and that all data and transfers that occur openly on the internet and can be monitored, intercepted, rerouted, copied and read by others. Platinum Trading Solutions shall have no liability if data transfers to or from the System are monitored, intercepted, rerouted, copied, or read or for the use thereof by others, or if privacy is not maintained. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement nor any other warranty of any kind, express or implied, regarding the information or any aspect of the System or related services. Platinum Trading Solutions provide no warranty for the accuracy, completeness, or timeliness of the System, related services and information.
  12. Information. Information provided through Platinum Trading Solutions ("Information") has been obtained from third parties, exchanges and other information services not related to Platinum Trading Solutions, including, but not limited to, financial markets, information services, exchanges and other service providers (hereafter collectively referred to as "Information Providers"), through sources believed to be reliable, but the accuracy, completeness or timeliness of the Information cannot be guaranteed by Platinum Trading Solutions, the Information Providers or any party transmitting the Information (the "Information Transmitters"). Neither Platinum Trading Solutions, the Information Providers nor the Information Transmitters shall have any liability, contingent or otherwise, to Customer for any reliance by Customer on the Information, for the timeliness, accuracy or completeness of the Information, or for any actions taken or decisions made by Customer in reliance on the Information or the System. Customer agrees to use any information provided through the System solely for Customer’s use in connection with Customer’s Account and Customer shall not furnish, redistribute or retransmit quotes or other Information to any third party without Platinum Trading Solutions prior written consent.
  13. Governing Law.All disputes between the Parties under this Agreement relating to the terms or performance hereof shall be governed under the laws of the state of Florida without regard to conflicts.
  14. Assignment. Customer hereby agrees that this Agreement and all the terms thereof shall be binding upon Customer’s heirs, executors, administrators, personal representatives, successors and assigns. Customer may not assign the rights and obligations hereunder without first obtaining the prior written consent of Platinum Trading Solutions. This Agreement shall inure to the benefit of Platinum Trading Solutions successors and assign.
  15. Notices. Notices under this Agreement must be in writing and shall be deemed duly given, upon delivery, to the addresses set forth above

Signature By this signature, the subscriber represents and warrants to PTS that Subscriber has read this agreement in its entirety and understands and agrees to all of the terms and provisions conditions in this Agreement.

AGREED and accepted by the parties as of the date first written above:


SUBSCRIBER Name:
Signature:
Date:
Street Address:
City:
State:
Zip:
Home Phone:
Business Phone:
Cell Phone:
E-mail address:
By this signature, the subscriber represents and warrants to PTS that Subscriber has read this agreement in its entirety and understands and agrees to all of the terms and provisions conditions in this Agreement.
Signature:
Date:
Billing Information
Name:
Billing address:
City:
State:
Zip:
Phone:

By checking this box
I confirm that all of the aforementioned
information is correct and this constitutes
and confirms my digital signature

 

 
Privacy Policy | Terms and Conditions
Copyright of Platinum Trading Solutions 2005


Risk Disclosure

The C.F.T.C. provides an accurate disclaimer regarding trading: (PLEASE READ) HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCQUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS. THE RISK OF LOSS IN TRADING COMMODITY CONTRACTS CAN BE SUBSTANTIAL.