APEX Performance PA Accounts Rules as of August 1, 2024

Funded Account Agreement This document, the Apex PA Independent Contractor Agreement, hereinafter referred to as “Agreement or Contract,” is between the Independent Contractor, named below this document, (CONTRACTOR NAME BELOW), hereinafter referred to as “Contractor,” and Apex Trader Funding Inc., hereinafter referred to as “Company.”  Signing this Agreement is a binding Agreement between the Company and the Contractor. Contractor certifies they have read and understand the AGREEMENT, the FAQ Page, Consistency Rules and Guidelines and Terms and Agreements linked to at www.apextraderfunding.com. This Agreement becomes binding on the “Effective Date,” which is the date the Agreement is signed.

Apex Trader Funding Simulated Performance Accounts:

A Performance Account includes any account set up by Company or on behalf of Company by a third-party, which shall have a unique account number and shall contain the initial balance, which shall be agreed to by Company. The maximum allowed PA at one time is 20. The number of live accounts shall be determined by the regulated broker if the Contractor is moved to a live account.

Company will open each account, the minimum balance as set forth above, initially of synthetic SIM currency. Synthetic accounts do not contain genuine or legal tender but shall still be available for payout as defined in this agreement.

Plan Account Size Initial Balance Minimum Balance Before Trail

25K Full Size - 4 Minis (40 Micros): $23,500

50K Full Size - 10 Minis (100 Micros): $47,500

75K Full Size - 12 Minis (120 Micros): $72,250

100K Full Size - 14 Minis (140 Micros): $97,000

150K Full Size - 17 Minis (170 Micros): $145,000

250K Full Size - 27 Minis (270 Micros): $243,500

300K Full Size - 35 Minis (350 Micros): $292,500

100K Static - 2 Minis (20 Micros): $99,375

Company will open each account, the minimum balance as set forth above, initially of synthetic SIM currency. Synthetic accounts do not contain genuine or legal tender. No actual live trades are placed or executed by Contractor. Performance in the Simulated environment and completing milestones of levels, timeframes, and complete but shall still be available for payout as defined in this agreement.

Company may set up a copy trade account to copy Contractor’s trades from SIM account at any ratio with or without notice in a Live Account held by the Company. Company is not required to copy trades. Contractor has no rights, claims or share to any Company copy traded profits or funds.  Once Contractor has shown consistency and ability. The Company may convert the Contractor-operated synthetic SIM PA account to a Live Prop Account with a registered broker. The Contractor will be notified and required to complete the necessary paperwork for access to the live funded account with the regulated futures broker. Contractors cannot trade a live funded account without the proper paperwork, applications, and compliance. Contractors will be notified and required to complete an application, background check, and paperwork, approved by a third-party regulated broker, before being moved to a live funded account. Contractor agrees to complete any required paperwork within the outlined timeframe. If trading a live funded account conflicts with any of the Contractor's country of residence laws, regulations, or guidelines, then the Contractor may request Apex to pay out the qualified portion of simulated balances and not be moved to Live. No Contractor shall be moved into or control live money without Proper notice, paperwork, and approval.

If an account drops below the minimum balance, it will be closed, and data will be terminated. The maximum contracts shall be determined as set forth within this contract. Open Trades shall mean trades placed, including open positions, by the Contractor.

Contractor understands trailing threshold only raises the max drawdown assigned to any Performance Account, which trails from any open balance during open trades and will trail from the highest point of performance, including unrealized performance, until it reaches the threshold of $100 plus the starting balance. Contractor shall be responsible for a Performance Account fee to activate and maintain account. Options and pricing for this can be found on the Company website. If the payment is declined, payment shall be made and notice by Contractor shall be made to Company within 24 hours of the decline or the Performance Account shall not be reactivated by the Company. Contractors who choose professional status will have a fee of $115 per exchange on 4 exchanges that shall be due at the same time as the Performance Account fee. A Performance Account must be active and current on billing to receive payouts for contracted operations of the account. If Contractor operated Performance Account falls below its liquidation threshold, Contractor’s monthly fee is NOT canceled automatically.

Contractor is fully responsible for canceling the account in Contractor’s back office, including any applicable data fees, through the help desk back office. Contractor understands there are NO REFUNDS. The account will be billed and started the day the Contractor signs up and every 30 days thereafter until Contractor manually cancels unless the one-time PA account fee (varies by initial size of account) option is selected at time of payment. Since billing is on a 30-day cycle, payment charges may be 2 calendar days after or up to 3 calendar days before the previous billing cycle. Contractors will have to manage their subscription and must cancel via the website before the renewal date. If the Contractor chooses to do so, there will be no partial refunds.

Contractor authorizes their card to be charged and processed through Company's merchant account. Contractor shall not use a card that is in someone else’s name for any reason. Use of another party’s credit card not belonging to the Contractor shall be grounds for termination of the contract and forfeit of any simulated balances. Contractor agrees and understands they will not make any disputes or chargebacks for any reason on any transactions ever made to Company for any reason. Doing so would immediately terminate the Contractor relationship and forfeits all rights, balances, payments, or simulated funds due it being seen as an attempt of electronic theft and fraud against the Company. 

Contractor shall not make more than one user account for any reason. Doing so is in direct violation of this contract and grounds for forfeiture of rights or consideration and cancellation of contract.  Contractor attests all information, including the name and personal information, are true and correct, and shall be updated by Contractor if changes occur. Contractor shall not sign up under any other name except their legal name. The Contractor shall not impersonate anyone. Contractor shall not transfer the rights of their account to anyone else and there are no third-party beneficiaries to the services. No one else shall have access to Contractor operated account, links, log in credentials for any reason or for placing trades directly or indirectly through copy trading. All operations must be performed directly by the Contractor. Any outside parties, service, copy trading, mirroring is strictly forbidden and will constitute breach of contract and forfeiture of all balances, rights, claims, payouts, or any future access to any Company sites or services.

The account shall be owned by company and the Contractor shall have no right of ownership of the account. If it is a live account, the account shall be owned by the company with all funds held or deposited in the trading account made available for operation by the Contractor during or after the Term of this Agreement. All rights to the funds whether in a live or simulation account shall belong to Company and be paid to Company upon the termination of this Agreement.

PA and Live Prop Accounts must be traded by the actual individual listed on the account and PA Contract, not by any other party, person, system, automated trading bot, copy or trade mirror service. Performance Accounts may not be reset.

Contractor certifies it is not prohibited by Contractor’s applicable local law and they are authorized to use Company’s services and Company is not responsible for Contractor using the service in any way that breaks laws applicable to Contractor. Contractor shall not share the account login information with anyone. Contractor is responsible for any use associated with their account.

PA Payout Information:

Any payout request from the Contractor, will only be approved if contractor has performed the duties specifically laid out in the contract and qualifies for the percentage agreed to, in line with simulated amounts. Apex has no contractual, legal, ethical, moral or any other obligation to honor payout, credit or be indebted for any activity that does not follow the contractual agreement and rules laid out herein or if any breach or violation of this contract occurs.

Payments are sent out on the 15th and the last business day of the month.

Performance Payout Entitlements:

Contractors are entitled to 100% of the first $25,000 in performance of the PA account they withdrawal according to the listed schedule and 90% of the performance they earn thereafter as defined and limited within the terms of this agreement.

Contractor will be paid as a 1099 individual contractor, not as an employee.

Payments must be requested between the 1st - 5th to be paid out on the 15th and requested from the 15th-20th to be paid out by the last day of the month. To request first payout and any future payouts, Contractor must have a total of 10 individual, separate trading days, where trades were placed on each of the ten days according to their standard, consistent, day to day trading system. Contractor can check the website which is normally updated by midnight of each day to see how many trading days Contractor has.

If minimum days are not met, then a payout may be requested the next period. Each payout request must have ten (10) individual trading days completed and closed out to request another payout. Accounts with ten (10) full completed trading days with trades placed between payout requests, can request on the 11th day and only during payout request period dates as listed above. A trading session is considered 6PM ET - 5PM ET. For example, trades occurring on Sunday night will count towards the Monday trading day.

The first through third payout months have a minimum payout of $500. There is also a maximum payout amount for the first through third payout months. Whether you took one payout or two payouts for the month, it is still considered one single "payout month". See below for the minimum account balance required for a payout request, and the maximum payout amounts for the first three payout months. There is no maximum payout amount on the fourth payout month and beyond so long as the minimum balance threshold is in the account after payout.

To make a withdrawal request, the account must be at a required minimum balance to approve a payout and must be past the Trailing Drawdown Threshold level already. In a PA account, the trailing drawdown stops at the starting balance plus $100. Ten trading days minimum are required between each pay out request.

REQUIRED Minimum Balance to Request a Withdrawal (each period):

$25k Account- $26,600

$50k Account- $52,600

$75k Account- $77,850

$100k Account- $103,100

$150k Account- $155,100

$250k Account- $256,600

$300k Account- $307,600

$100k Static Account- $102,600

Example: In a $50k account if your balance reaches $52,000 you cannot request a payout. Your balance must be at least $52,600 each time you request a payout. If you have a $50k account and the balance reaches the minimum required balance of $52,600 to request a payout, you can request up to $2,000 payout, leaving your balance left of $50,600. Just keep in mind your balance cannot go below $50,100 in this example without "failing" the account. So, you ARE able to take out that amount but you would leave yourself with only $500 in drawdown room. Most companies only allow you to withdraw above the minimum amount. Apex does not, unless in the case of a Probationary status of the Contractor. If your balance falls below the minimum payout balance, then the payment will be denied and not be processed until eligible the next period, when you must request it again.

MINIMUM: The Minimum Withdrawal for any size account is $500 and must have a minimum of ten trading days since last request. Requests are only accepted on certain days each month as outlined above.

MAXIMUM: There is a Maximum withdrawal amount on accounts for the first 3 payout months of withdrawals. You can take out this maximum amount, twice a month, according to schedule above, if you have had 10 trading days between requests. Starting with the 4th payout month, (after three previous payout months of withdrawals) there is no maximum withdrawal amount. You can take out as much as you want, so long as the account stays above its minimum required balance (Starting balance plus $100) and there are a minimum of ten (10) trading days between requests.

You are NOT required to leave the "safety net" amount in the account, unlike most other companies, unless in a probationary status determined by the Company!

The maximum withdrawal amount each payout period (twice monthly) amount depends on the account size (listed below):

$25k Account- $1500

$50k Account- $2000

$75k Account- $2,250

$100k Account- $2,500

$150k Account- $2,750

$250k Account- $3,000

$300k Account- $3,500

$100k Static Account- $1,000

Each account is considered a separate, standalone account. Thus, if you have 10 accounts, you can withdrawal the maximum from EACH account, EACH payout period. For example, if you have 10 $50k Accounts, you can withdraw $2000 from each for a total of a $20,000 payout, and you can do this twice a month, for a total of $40,000 payout for the month!

You can do this the first 3 payout months, then on the 4th payout month, there is not a maximum withdrawal amount from each account, so long as the account will remain above the minimum trailing threshold after payout.

Independent Contractor:

Contractor certifies they are at least 18 years of age. Contractor certifies they are the only one who has access to this account.

As the operator of a Simulated Apex PA Account, I understand I am an Independent Contractor and not an employee of Company. All operators of Apex PA Accounts are Independent Contractor in nature and are treated so for tax purposes as well as payout purposes.

All traders required to pay taxes in the US are given a 1099. Contractor is responsible for paying, withholding, filing, and reporting all taxes, duties, and other government assessments associated with Contractor’s activity connected with their use of Company’s services.

For payout purposes, contractors are contracted to perform duties within the PA or Prop Accounts, owned by Apex, according to the rules and guidelines of Apex only, in the role of Simulated Performance Analyst to show and prove the ability and performance of chosen strategy. Any activity, trading, performance, that functions outside of the specific rules and guidelines laid out here in this contract, on the Apex website, FAQ, Consistency section, etc. do not fall under the contractual guidelines to qualify for any payouts, credits, simulated balances and will be removed, closed, or forfeited and the Contract terminated due to breach by the independent contractor. Any trading that directly violates the agreement, listed as unwanted, unqualified, or prohibited trading in any way, will not be credited and will constitute a breach of contract, thereby making any credits, claims, payouts, or rights null and void on behalf of the contractor.

Any payout request from a Contractor, will only be approved if contractor has performed the duties specifically laid out in the contract and qualifies for a percentage (%) agreed to, in line with simulated amounts. Apex has no contractual, legal, ethical, moral or any other obligation to honor payout, credit or be indebted for any activity that does not follow the contractual agreement and rules laid out herein or if any breach or violation of this contract occurs.

Contractor understands and agrees that Apex has no obligation to payout any amounts or approve and amounts requested if any amount, trade, trade day, portion, or timeframe of activity violates any part of the contract agreement and guidelines laid out in the contract. As with any contract, the agreement for services in exchange for agreed upon compensation is based on the services actually being performed and completed and according to the terms of the contract.

Contractor does agree and understand that if they chose simulated trading activity that is outside of the guidelines of this contract and spirit of this contract that Contractor has no rights, claims, or demands to any payout of those activities, as those activities directly violate the terms agreed upon in this contract.

Contractor States: I agree and understand Apex is not obligated to pay or credit me, as a contractor, if efforts performed were not efforts agreed to in this contract. As with any contract, the agreement for compensation is based on specific criteria being carried out, or listed criteria being prohibited. If the contractor conducts the prohibited criteria, then obviously those activities incur no obligation or debts from Apex and no liability to credit, pay, award, split or share in any way, and Apex and contractor both agree they would consider the contracted breached and void.

I state, understand and agree, without protest or dispute, that as an Independent Contractor, if I place simulated trades in a way that directly goes against the Apex PA contract Agreement that I signed and agreed to, or the Rules of Consistency that I agree and understand that would immediately cause my contract to be void and breached and Apex has no obligation towards me in any way, and that I was in violation and breach of contract, all obligation and acts of violation were on my part, in this case. I have no claims or rights, and I cannot and will not hold Apex liable in any way.

I agree and understand I am a contractor with Apex, and contracted for specific efforts, under specific guidelines only as set forth by Apex as to what efforts and trading activities are acceptable and not acceptable. I am not contracted, and Apex is not liable for not guidelines, rules, opinions of my own of what should or should not be accepted.

I agree and understand the accounts are owned by Apex and all guidelines of what is acceptable and required under contract are set by Apex and not set by me, the trader / contractor. Nor based on opinions of others, guidelines of other persons or entities, or anything outside of this contract and specific guidelines set out that determine the terms of the contract and any payments that will be made for fulfilling the contractual agreement.

I agree and understand that if the trader does not fully understand, was not aware, did not read, did not watch all videos and sections, did not educate themself on Apex guidelines, did not know, did not realize, or forgot certain guidelines, rules, or terms this is not a reason for exception or deviation of the contract guidelines being valid and enforced.

Contractor also understands that any and all technical issues, outages, data, platforms, software, indicators, trading computers, internet providers, copy trading plugins or tools used to trade or access trading are outside the responsibility of Apex Trader Funding no matter how they are accessed or where they are purchased. Accounts cannot be increased, adjusted, reset, or replaced in any way or for any reason unless Apex in its sole discretion decides to do so and this is not to be expected by the Contractor.  Apex Trader Funding is not responsible in any way for technical or data issues of any kind. Each Contractor is responsible for knowing, understanding, and being prepared to handle technical issues and position closing. Contractor is required at all times, if using a Rithmic account to not only use their trading platform, but to also have R-Trader or Tradovate (for Tradovate accounts) up at all times in order to close out trades if needed. In addition, Contractors must also have back up plans in place as outlined in the FAQ training videos such as backup internet, cell phones, phone apps, other computers, or devices etc.

Contractor agrees to follow the Company Code of Conduct as outlined in the FAQ section and to treat all staff, contractors, other Contractors, and third parties with respect and professionalism. The Contractor is required to always maintain and conduct themselves and the Company in a professional and positive manner including groups, social media, trade rooms and any other environment.

I understand if simulated balances are forfeited due to breach of any contract guidelines, that simply means the simulated, demo, non-live, non-live market executed entries, simulated demo environment balance, is simply closed out. There are no live funds, no real-live money profits or balances involved. No actual live trading was done by contractor, performed by contractor, executed, or entered by Contractor. If simulated balances are forfeited or denied or contract breached, and simulated demo PA Account closed out, liquidated, or made not available for access, it simply means the simulated balance is null and void. There is no live money. If Contractor forfeits balances, Apex does not ‘keep” the balance. There is no party involved that benefits from the contractor forfeiture by receiving these funds, being credited, forwarded, transferred, or retained in any way, since there are no funds to retain. Just a simulated tracking or simulated efforts. 

Apex is not a Futures Broker. Apex is not a Financial Advisor. Apex does not accept any investment funds or capital from any Contractors in any way.

PA Account Operation Requirements, Expectations and Prohibited Activity:

Contractor understands Company is seeking "to fund and payout" Contractors who follow a consistent trading plan in size, stops, and targets. This means not trading max or larger contracts on one trade, seeking “lucky windfalls” while trading micros or smaller sizes the rest of the time, or flipping contracts just to show a "trading day", not constantly changing sizes, not dollar cost averaging (which is defined as adding into a losing position more than 1 time),  not doing high-frequency trading, and being consistent in the trading plan, including your entries, stops, and take profits. Contractor funding and paid performance is designed to be a long-term relationship of consistency and steady growth for both parties. This means not taking advantage of the trader funding system and using Company in an abusive manner or trading simulated accounts differently than you would trade your own real-live funded account with a broker.

Company is seeking to fund and payout Contractors that are disciplined, consistent, and follow a set strategy or system with rules, not gamblers, windfall seekers, or those looking to work the system.

Contractors that go all in looking for windfall trades or to rack up funds quickly and have a history of constantly “blowing” Company accounts and funds may be restricted in the future of having more PA accounts or limited to a smaller number of PA accounts until steady consistency is shown. Contractors going for constant windfalls and "blowing" PA accounts as opposed to following disciplined and steady trading systems do not create a "relationship of consistency and steady growth for both parties" as stated above.

FLIPPING: Flipping is defined as just placing a trade so that it can be counted as a “trading day” for the purpose of withdrawal requirements and not being placed according to and in line with the normal, disciplined, consistent day to day strategy used. Any trades or trade days suspected of being “flipping” may be questions and require proof of chart markup showing exact rules used for entry of that trade and showing several previous days entries marked up as well that match same entry rules. This shows the trade was placed in line with normal strategy and not as just a “flip”. Company only seeks Contractors that are using an actual consistent trading system or strategy. Not a "withdrawal strategy", windfall strategy, news strategy, group strategy or any other strategy that attempts to put Company funds at risk outside of a consistent day to day proven strategy. Having large trading day(s), then only "flipping" contracts just to meet the minimum required days to request a withdrawal is prohibited and will result in a denial of payout request until consistency is shown. A Contractor may not have more than 20% of trading days that could be defined as flipping of any kind. Company is seeking consistent, day to day trading systems, not erratic trading, jumping from system to system, or working the system to reach a payout request date.

 Consistency and 30% Rule: At the time of withdrawal request, the simulated profit balance in the account cannot consist of more than 30% of balance being from one single trading day since the first opening date of the PA Account. If one consists of more than 30%, then Contractor must continue to trade and build the simulated balance until that day is less than 30% of the overall profit balance to request a payout. Exceptions to this can be made at the Company’s sole discretion based on the overall trading consistency of the trader. Apex does not penalize a trader for having a good day, big day or catching a “runner” in the markets. This rule is in place for those that have windfall days, trade erratically/inconsistently majority of other days, or changed styles, systems, contract sizes or other actions after the large day.

Consistency guidelines are there to make sure you can replicate your trades for ongoing, day to day, consistency, and steady growth for the benefit of both parties. Not for windfalls, lucky trades, bad risk management, randomly throwing on large number of contracts in hope of large days, then next day doing that again and losing the entire account. Or having a larger lucky day, for randomly throwing on contracts, then spiraling down from there, due to not having a disciplined consistent strategy that is followed. Obviously, this is not what Company is looking for. Nor will the Company “fund” move to live prop or process any type of payouts for any type of behavior, activity, history, or suspected attempts of windfalls, gambling, or that a Contractor has no actual disciplined, consistent, day to day strategy with set and specific rules.

Contract size consistency: Contract size consistency is a clear requirement in the PA Contract. This rule does not require that every single trade entry always be the same exact contract size no matter the situation. There may be times trades are added into, layered in, or micros added in, with valid reason, or times that trader may use mini contracts and other times micro contracts, but overall size and correlation should be consistent on average over multiple trades. This is in generality and overall time, not based on each and every trade individually. Take heart to understand the “spirit” of these guidelines.  Inconsistency in contract size can be a sign of inconsistent trading. If trader is following a systematic approach to trading, not gambling, not attempting windfalls, and not just executing a “withdrawal strategy” then there is no reason for these consistency guidelines to be of any concern or risk. Apex will not accept questions or requests for feedback on every possible scenario of scale, size, situation, “what if” or various systematic approaches. There is an unlimited number of scenarios. Simply understand and follow the “spirit” of these guidelines to be in compliance. Be a trader, not a gambler or schemer, this will address 99% of any questions. Note the scenario below:

Those that start off trading in a new PA Account with larger contract size in hopes of lucky trades, windfalls, or just to overcome trailing drawdown, using large or max contract size, of trying to go for big move gains, and create big profit balance in the account, then shift down to smaller sizes will be disqualified. This is an attempt to work the system and usually results in many “blown” PA accounts in this windfall attempt until windfall is achieved. To avoid disqualification Contractor may be required to continue and trade ten trading days at the same level of contracts, size, and targets, that were traded from the start to show consistency in size and average profits in order to be approved for a payout request. To start trading the account with larger number of contacts, make a simulated balance increase, then go down in contract size just trying to get to withdrawal is not a qualified strategy and is grounds for forfeit and payout denial. A growing balance does warrant a growing and steady increase is contact size as the account balance and “cushion amount grows.” That is normal. The larger the profit balance and cushion, the more contracts are used, that makes sense.  A growing balance does not warrant a decrease in size. This is not a valid strategy; this is fear of losing profit before a withdrawal due to not having discipline in a strategy. Now, if Contractor starts off trading larger size, and does not make progress and the account balance decreases due to losses, then this situation does warrant the responsible and reasonable action of trading smaller size. Or once a withdrawal has been made and therefore a balance decrease, with less drawdown, definitely warrants smaller size being trade than before. Those that go through multiple PA Accounts, always starting off big, either to blow it and try again, or hope for a windfall, then figure out how to get to withdrawal time is a gambler, not a trader. Apex has no interest in funding this style of behavior. It is agreed and understood that any style of trading like this is prohibited and will be forfeited and denied payout requests until consistency is shown or could result in a Probation Status. The way an account is traded from the start must be maintained ongoing up to payout or increased with growth, decreased with loss, not the opposite. 

SCALING / ADDING INTO TRADES: Contractor / Trader may take initial entries according to strategy or system entry rules and add into it as the market moves their biased direction. For example, you enter a trade going Long. The market goes long, creating a positive PnL, and you feel the market is strong, will continue, or your system gives another entry signal or indication, so you enter another entry going long, whether it one contract or multiple, that is fine. Scaling into winning trades is allowed in the PA Account and it is understood that larger contract sizes overall will be used in this situation, which is acceptable. There is a difference between adding in additional size versus going all in at once for a windfall attempt with no strategy. Entering according to a rule, being right in the directional bias, seeing opportunity or signal for additional entries, for a continuing market, and be able to add to that in attempt to ride the market and let profits run is in line with a strategy. There was a plan, a reason, a directional bias that was correct. You were right, your system entry was accurate in direction, so you added in when the accurate direction was determined. This is accepted action in the Apex PA Account. Now, what if your bias and system had been wrong in the immediate direction of the market move?

Dollar Cost Averaging (DCA): Dollar Cost Averaging, for this contract, is defined as the practice of entering a trade with a directional bias (or no bias- just entering to gamble) , and the market goes against you in the other direction, but continuing to enter more and more orders, multiple times, in the direction of the original order, even  while market continues and continues to go the opposing way. Note this is the opposite of the example above. Scaling into winning trades and adding more when you were RIGHT, versus, adding in more and more when you were wrong, in hopes of the trade turning around and to make up some losses from the initial entry being in the wrong direction, is two very different scenarios. The use of Dollar Cost Averaging with multiple additional entries is prohibited and in breach of the Apex PA Account and can result in forfeit and closure of account.      

For Example: You enter long, and the market immediately moves 10-20 ticks short, against you. Your open PnL is negative and showing an unrealized loss currently. The market could continue going down against you, or it could have simply pulled down for a moment and may turn back in your favor, you do not know. So every “xxxx” ticks it goes against you, or every time you hit a certain level it goes against you, you continue to add more and more into a losing position. This trading practice is prohibited in the Apex PA Account. Yes, this strategy ends up working out many times for some people where the market pulls back up and they can gain back losses and at times very nice profits once the trade closes out. It works, until it doesn’t work! It is like having a 90%-win rate system that makes you $10 every time. So after 9 trades you have a $90 profit. But that one trade day where the market keeps flying down and just doesn’t stop, can wipe out all the profits from the previous 9 or even 99 trades and wipe out a whole account. This is strategy that does not have long term sustainability and is often misused and abused by gamblers, windfall traders, schemes, and those taking advantage of the Trader Funding Program

PERMITTED and ACCEPTED use of DCA Scenario: Apex will allow trader to enter one additional entry only into an open position that currently has a negative PNL. But only a single additional entry execution, after the initial entry, not multiples additional entries. Contract size of the additional entry is not regulated and is at the discretion of the trader, just be sure to keep good risk management practices. DCA has always been prohibited and listed as prohibited in the Apex PA contact and FAQ on the website. This allowance for one additional entry is an update and an “easing” of the restrictions.   

Example of this Permitted DCA Scenario:  Again, let’s say system gave an entry signal to go long, so you enter a long position. The market then starts to go short and moves against you. Then for example 10 ticks. Could keep going short or could turn around. All traders have experienced a pullback in the market before it comes back in the direction of your bias. Let’s say for example 15 ticks below your original entry is a level of support. You can see that, read the market, understand support/resistance levels, Fibonacci levels, and could see a bounce from there. That is an understandable and valid possibility. There is reason, market reading, market understanding, planning and purpose. Not just randomly pressing buttons to enter more and more in hopes of lucking out. Again, trading Vs Gambling. So, you entered long, it has pulled back short, Apex will allow One single additional entry execution long, but not multiple execution. Multiple additional entries are prohibited and will be a violation of prohibited practices of this contract. There are no restrictions or guidelines on the contract size of that additional entry, reasons, levels, or tools used for determining entry point, timeframes, or distance from original entry. Just maintain risk reward in a responsible manner.

Probation Status: Contractors with breaches of guidelines or contract rules, or history or suspected history of non-qualified activity or attempts to work the system, not be trading a consistent strategy and that Apex has chosen to extent leniency towards and not terminate the contractor status with the Company may be placed on Probation Status. Probation status includes but is not limited to: denial of payouts until a certain number of trading days be performed showing compliance on and consistency, limits to the amount of Apex Accounts available to Contractor, amounts available for payouts in the case of windfall attempts or schemes, requirement to keep “safety net” balance in the account(s), limits to the number of contracts available to execute, or strict enforcements of risk management.  

Hedging and Correlated Instruments: Contractor shall not trade one direction on minis and another direction on micros at the same time. Contractor shall not spread trade indices. For example, going long ES and short YM. All Apex accounts must be traded directionally only and never be both long and short at the same time in the same account or others in any correlated markets. For example, all indices, metals, grains, or any instrument with correlation no matter the size (micro or mini). Meaning contractor cannot be short NQ and Long ES under any circumstance.

Only Directional Strategies with Bias and reason according to consistent strategy are Qualified: News trading, chasing the market, taking advantage of breakouts with no directional bias system, morning open breakout trading, non-directionally biased breakout bracket trades, any attempt for "windfalls" without following a strict, set, systematic trading system that is traded normal day to day in the account is prohibited and any amounts accumulated during prohibited times or trades will be removed the account as outline in the PA Consistency section and video series found on the Company website FAQ section.

Contractor cannot place a non-directionally biased trade based on bracket orders in both directions: This means you cannot have a limit order to go long on one side and a limit order to go short on the other side, in hopes of the market breaking out one way and making profit. This is the exact opposite of disciplined and consistent trading of a set system. This is often the sign of the trader NOT having a system and just working the system in hopes of catching some big move, with no idea, bias, or rules of a system giving a direction reason of entry. Opinions may be had by many on this subject, claims of systematic approach, attempts to find a “technicality around it, but the rules and guidelines of this contract strictly prohibit the use of bracket orders in this way or any type of breakout strategy without systematic predetermined directional bias as defined by the Company at its sole discretion.

Risk Management - Stop Losses- Profit Targets- Trailing:

Contractor understands Company is seeking "to fund and payout" Contractors who follow a consistent trading plan in size, stops, and targets.

Contractor funding and paid performance is designed to be a long-term relationship of consistency and steady growth for both parties. This means not taking advantage of the Trader Funding system and using Company offering in an abusive manner or trading Simulated Accounts differently than you would trade your own real live funded account with a broker. Traders going for constant windfalls and "blowing" PA accounts as opposed to following disciplined and steady trading systems do not create a "relationship of consistency and steady growth for both parties" as stated above.

Apex Trader Funding offers the Contractor the opportunity to not have to risk their “own capital” in the markets, but for the Funding Company to provide opportunity and ultimately provide the risk capital, particularly in the Live Prop Scenario.

Access to Company “risk capital” scenario is a great opportunity to “partner” with Apex for a Trader Funding relationship. But this is often misused, abused, and taken advantage of to “blow” through risk capital, forcing all risk and loss on the Company while trying to set up windfall payouts to schemers. This is not a scenario Company can allow for potential move to Live Funded Account. This is the opposite of disciplined, consistent traders.

Risk Management is vital and required in any good, true, real, trading strategy or system. The use of Stop losses is vital in any system. Not exiting losing trades, not having a plan on where to exit a losing trade, not knowing when or where you would exit a losing trade until after you enter is not a system or strategy and not risk management. These practices are prohibited in the Apex PA Account.

Trading with no stop and letting the Trailing Threshold limit, “blow the account” strategy is prohibited. Taking advantage of Company sales promotions to stockpile discounted “back up” evaluation accounts to use and abuse to “cycle through” for full stop loss in attempt to gain, is a Prohibited strategy and will not result in funding or payouts, but in forfeit.

Every good trader or good system uses stop losses in some way or form. Every Prop Firm requires some type of stop, target or trailing, and risk management rules. Every true system or strategy has a set amount as an initial stop loss upon entry, especially scalping strategies. For example, going for a 10 tick scalp profit target, having an initial stop of 30 ticks, or risking 30 ticks in order to make 10 ticks. Or shooting for 20 ticks in profit, with stop loss of 60 ticks. In this scenario risking three times the amount of profit you are targeting.

With trending or longer-term strategies the exact target is not always know. The market could go ten ticks or ten points. This is where it is important to have an initial stop loss, initial amount you are willing to risk, in order to see the potential gain you could make. It is always recommended to trail your stops / exit points as the market goes in your favor and riding a big trend. Sure, give room for your profits to run, but make sure to move up stops to not give it all back. Protect some of the profits and take some off the table, do not give it all back. This is good risk management!

Good Risk Management: is required in the Apex PA Accounts! Trading an Apex account without the use of stops and management is prohibited. Not using stops and risk management could result in forfeiture of accounts and all balances. Or simply using the entire Apex Risk Threshold amount as “stop” will result in closure and forfeit of all accounts. This is a misuse and abuse of the system.

Required:

Risk management be in place that is appropriate for the stats and historical back tested stats of your strategy or system’s profitability.

Know where you would get out if you are wrong, and where you would get out or start trailing your profits if you are right and know this ahead of time before you enter the trade. Have a plan, a system, a set of risk-to-reward ratios that statistically work!

Risk to Reward Ratios between 3-4 times the amount of potential targeted profit targets are acceptable to Apex without red flag. Slight overages will be reviewed and acceptable based on consistency, history, no existence prohibited activity, or account cycling.

Example: If you are targeting to make $100 in profit…..do not risk more than $300-$400 as your initial stop loss.

Honor your stops. Do not move them backwards to potentially lose more than your strategy accounts for. You can always move stops forward to trail and protect profits, trail profits, and let profits run, but do not move them backwards and risk more. Simply have a systematic plan and stick to it. Do not gamble “in hopes” it will come back.

Stops and take profits can be placed upon trade entry with ATM strategies, then adjusted and moved up to trail and protect, or programmed within the ATM Strategy to do so.

Stops and take profits can be manually placed after trade has been entered, then managed and moved up. 

Stops and take profit levels can be “mental planned / known levels”, meaning you are NOT required to enter the limit order stops or profit targets on your chart. This is not a requirement (unless on a Probation status).

“Mental Stops” means that you know your system or strategy, know how to read the market, and know ahead of time, before an entry, how you would manage the trade, and you are ready to manage it!

Trader would know: Where would entry be, where would I get out, where would I take profit, where would I start to trail, and is prepared and capable of managing with discipline.

The point here is to have a strategy, system, stats, a plan, a management system in place to assure good risk management rules within the 3-4 times risk guidelines and abide by that.

This is a COMMON sense thing for any SOLID Trading Strategy and for statistics to be profitable. This is something that any trader would do in their own real-live funded account with their own money in it.

Big difference of knowing where exit would be ahead of time VS entering, then figure it out. That is not a style of risk management that Apex has an interest in funding.

This NOT monitored or calculated on a trade-by-trade basis!

There is no need for questions or approval for every individual trade scenario! Do not send tickets to the Help Desk or inquire on social media (Discord included) about individual trades or situations. This is prohibited and misuse of these support rooms.

This is NOT monitored or calculated on a daily basis. There is no need for concern about a particular day you scaled into a big move or one special circumstance.

This will be a back end systematic monitoring that catches repeat offending red flags, and reviews for base lines a few times per month to identify and reviews or if coupled with other prohibited activity.

This is NOT an item that is critiqued to the decimal point. It is simply good common sense in trading to use good risk management and assure it is in place without abuse of program.

This WILL be monitored and automated reports are created that track the average number of ticks in profit vs. average number of ticks when a loss is shown. It does take into account blown accounts as well or cycled accounts. Multiple proprietary tools will be used to monitor and ensure good risk management in place and to prevent against fraud and schemes.

Most times risk / reward in and of itself is not an action item of Compliance unless coupled with other prohibited activity and concerns or for multiple repeat offense.

Prohibited:

Nonexistent risk management rules.

No stop loss or exit plans in place or planned.

Going for very small ticks in profit but using large stop losses or entire Apex account as stop loss. This is not trading, this is gambling. Example: 5 tick profit target-150 tick stop loss.

Claiming that the 3-4 times risk parameters were in use but happened to close trades out early. Yes, this will happen at times, but when it appears to be 95% of the time, it is a way to hide a scheme. This will result in forfeiture of Probation.

Stockpiling of back up Evaluation accounts just to be able to move over to PA quickly to replace the ones constantly blown by having bad risk management and cycle through carelessly and blow them, risking Apex funds, in an inappropriate manner.

Any trading, risk management strategy, scam, scheme, or implementation that does not show to be a long-term relationship of consistency and steady growth for both parties.

Trading and using risk management in a fashion you would not use in your own real live funded account at a Registered Broker

Attempts, schemes, work arounds to hide, misuse or abuse risk management or Apex risk funds or not follow good risk management by these prohibited items may result in forfeiture or being placed on a Probationary status.

Copy or Trading Services Operations or Participations: PA and Live Prop Accounts must be traded by the actual individual listed on the account and PA Contract not by any other party, person, system, automated trading bot, copy or trade mirror service. This will result in immediate breach of contract and closure of all accounts.

Automation: AI, Auto Bots, Algos, Fully Automated Trading Bots or software, HFT's or any other automated trading is not permitted and is strictly prohibited in PA or Live Accounts. The use of "Semi Automated" software may be used with full Contractor monitoring and presence at all times. This means the Contractor must be present, watching the trades, watching, and managing the entries and settings on a semi-automated software that aids in the placement of a trade based on a set of rules that the Contractor is manually and physically monitoring and adjusting the software for market moves, longs, shorts, pausing, news awareness, market conditions etc. Fully understanding the system rules, entries, stops, take profits, trails, and manually adjusting for these as monitoring each and the market in general. The semi-automation is just there to aid in the speed of entry, not in any way to be an automated trade system. For example, Markers Plus for NinjaTrader 8. Any type of hands off, set and forget, set and walk away, trading continuous all day and night, any type of fully automated trading bot or software, algo, HFT, system, any other type of automation like this is strictly prohibited and will result in contract breach and closure of PA or Live account and forfeiture of all funds and balances.

News Trading: News trading in any way, shape, or form, of any kind, directional or straddles, strangles, riding the initial news "burst", getting in right before or after news to ride a potential wave is strictly prohibited. “News” is considered major Economic reports or Earnings or Announcements. Contractors may only trade their normal day to day system during news times and enter based on standard entry rules as used each and every other normal trading day. This includes all news Trading strategy or system, or news trades disguised as normal day to day strategy or system trading. Going for a big windfalls, lucky trades, news trades, straddles, strangles, risking entire account, flipping contracts, blowing through multiple PA account in short time seeking big lucky windfall, using a withdrawal strategy, or racking up number of days by flipping, or any other trading that does not specifically meet the guidelines above regarding a consistent trading plan are in direct violation of the PA Contract and are disqualified trades / trading days which may be removed from your PA Balance. Contractor may never be long in one account and short in another account at the same time. This applies to your own personal accounts or in conjunction with other Contractors. Any group or partner schemes will result in complete closure and forfeiture of both parties’ accounts and banning from the Company website, tools, and programs.

Max Contracts: Contractor shall not attempt to abuse the max contracts rule, by trading combined instruments to do max contracts multiple times, such as, 10 on ES and 10 on YM doing 20 on a 10-contract max as example or use of micro contracts to in this attempt. Repeated abuse of this shall result in termination of the account with no refund or payout.

Erratic Trading and Equity Curves:

Erratic trading patterns with equity curves with major spikes up and down on different days will be considered out of guidelines of the Risk Reward ratios and count as windfall trading attempts. Losing day and bad days do happen and are to be expected. But erratic traders with large number of contracts holding longer term trades with large loss days, then large win days up and down blowing through account in hopes to end on top at withdrawal period will be disqualified. This is not a consistent disciplined strategy that is approved by Apex. Opinions on this trading style are opinions but are not permitted or qualified in Apex Accounts. For example, 5 - 6 figure daily swings throughout the account. This is not consistent and steady growth as outlines in this agreement.

Hedging and Correlated Instruments: Contractor shall not trade one direction on minis and another direction on micros at the same time. Contractor shall not spread trade indices such as going long ES and short YM. All Apex accounts must be traded directionally only and never be both long and short at the same time in the same account or others in any correlated markets. For example, all indices, metals, grains, or any instrument with correlation no matter the size (micro or mini), meaning contractor cannot be short NQ and Long ES under any circumstance.

Contractor shall not make more than one account. Doing so may result in forfeiture of any profit made and any fees paid.

Contractor may have more than one plan under the same user account and the Company reserves the right to cap the plans a Contractor has at any time.

Contractor shall never attempt to trade in an account on behalf of any other Contractor by any means.

There are no guarantees regarding the results Contractor may achieve or the level of success Contractor may have in Simulated efforts.

Contractor assumes all risk and liability should they elect to use this website or use any of this material or programs.

Contractor understands that trading under certain market conditions, such as high volatility and limit moves provides significant risk and may result in computer, platform, or data failure or delays. If there is a limit move day, the Contractor may not be able to close a position and their Performance Account may be liquidated. Company shall not be liable for such results that may occur to the Performance Account. To see limit move price levels each day, go to https://www.cmegroup.com/trading/price-limits.html. In Rithmic, Contractor must verify they have access to data and instruments before trading. Contractor will notify company of any errors immediately upon starting the account, such as an incorrect balance or initial balance or any other incorrect information. Fill prices may be modified to the exchange recorded fill price if there is any erroneous error in pricing of fills. This is especially true for trades made during fast markets and news and must be verified before any payouts can occur. Any orders placed during market close that cause a gain in performance or not closed at the end of the day shall be eligible for said performance gains to be removed from Contractors account by company at any time. Any attempt to exploit the fill prices from the exchange prices or any platform error shall be cause for immediate termination and no payout on the account. If a platform error occurs causing the Contractor to receive false performance gains Company shall have the right at any time in the future to remove said false performance gains.

I understand and agree that the PA Contract I signed clearly states: Traders shall have a defined strategy or system that has set rules for entry, stops, targets, trailing and use these rules consistently and with discipline. Only directional strategies and systems with clear reasons for entry, bias and entry rules are qualified all others will be disqualified and forfeited. This includes any and all entry strategies that engage bracket orders (placing a limit order to go long on one side and placing limit order to go short on the other side) with no clear directional bias or specific entry rules, just placing orders on both sides hoping for a big breakout. This is a windfall strategy and is clearly not allowed in Apex PA Accounts. It is agreed that any such trading would violate and breach the contract and is cause for closure and forfeit and Independent Contractor has no rights or claims to such simulated balanced achieved by utilizing these or any other prohibited trading strategies, Including morning breakout trades with bracket orders, as specifically stated and address in the PA Contract agreement, news trading, or any other breakout strategy employing brackets, both ways, chasing markets, or windfall gambling attempts. 

Contractor shall never attempt to trade in an account on behalf of any other Contractor by any means. Accounts may not be shared in any way. Account log in credentials may not be given to any other parties. No other parties than the Contractor listed in this Agreement may have to the account or any information, logs, history, automatic log ins, or access of any kind.

No Sharing of MAC Addresses, Computers, IP addresses, credit cards, or trade copies will result in Account Closure and forfeit or be required complete Additional Audits as outlines below.

Audits, Full Disclosure, Recordings and Live Trading Session Views: Required by Company

The following information or audits may be requested by the Company at any time for any reason and not just limited to examples of sharing of technology or devices. As stated and agreed to in this Contract, all simulated or live prop accounts are owned by and are property of the Company. Contractor understands and agrees that Company reserves the right to full audit, review, full disclosure and details of technical systems, indicators, tools, strategies, or systems used, access to records, logs, settings, reviews of systems, software, hardware, and all activity conducted within the Company owned account to assure compliance. At any time, the Company may request information regarding trading computer specs, internet providers, connections, speed computer performance and resource screenshots, graphics cards, size, internet speed, computer benchmark rating or other information. Contractor agrees and is obligated to full disclosure of any all information requested by the Company regarding any operations within the Company owned account.

If it determined by Company and reports that two separate Contractor usernames are operating Apex Accounts and sharing computers, activity, devices, mac addresses, Ip address, or credit cards (using cards not in contractors name or significant other’s name residing in same household to pay for any Apex products or services) or any group scheme. This can be grounds for immediate termination of the contract agreement and forfeiting of any balances in the simulated account or any rights or claims thereof without notice. Contractor understands and agrees to this without dispute or objection, as this is strictly prohibited per this contract.

If this activity is observed Company may immediately terminate contract and all obligations or may, at its sole discretion, consider a requirement of complete verification process to determine that no breaches of contract or prohibited activity is being conducted and is determined to the satisfaction of the Company at its sole and final discretion. If it is observed, suspected, or obvious that two user accounts are accessed and operated from the same device, mac address, or other system, at the same time, and/or executing matching trades, the accounts will be closed, forfeited and blocked and this Contractor agreement shall be immediately terminated for breach and the Contractor will forfeit all rights to any balances, payments, rights, or claims.

Providing false information, false statements, fake identification or documents, masking of Ip or MAC addresses, use of Cloud servers, VPN, networks to access, mask, disguise, create fictional or rotating ID's, mirror, to hide, or disguise in anyway prohibited activity will be a breach of contract and grounds for cancellation and forfeit.

Accounts, account creations, accessed systems, platforms, data connections or any other activity from same or duplicate IP or Mac address as other users in other locations, addresses, cities, states, etc., will be considered and determined and intentional fraudulent activity, violation and grounds for payment forfeit and immediate cancellation of contract without notice. Contractor has read, understands, and agrees to this without objection or dispute.

If the Company, at its sole discretion requests or requires an in-depth Full verification of this situation the Contractor agrees to comply with these request within 48 hours with no objection, refusal, denial, arguments, or delay, of any or all parts or requests of verification or the accounts will be closed and all balances forfeited and contract will be considered in breach. Items that could be required include but are not limited to:

Full written statement of relationship to other parties in question, including direct relationship, shared trading activities, financial or business relationships, full disclosure of any partnerships, payment for services, profit share agreements, or any other interests.

A written statement, notarized, verifying identity, that you are the only Contractor with interest, access, knowledge of credentials, or conducting of any activity or connections or access with the Apex owned account. Also, that you are the cardholder on the credit card used, all charges to Apex historically up to the date of this video and statement were done by you, for you, and authorized by you with receipt of services and accepted by you.

REQUIRED: General online Apex ID procedure. Additional Id documentation as stated above, credit card verification, address verification with providing two forms of address verification of utility bills, insurance, government id, lease agreement etc. In addition, a screenshot of the front page of the Contractors bank statement to additionally verify identity, address and verification of bank account number matching the one provided to Company by Contractor in the Payout Method section of Apex website. This is to ensure funds paid by Company, to Contractor are not being directed or redirected to other parties or accounts and to meet Compliance requirements. Apex is subject to Federal Laws of AML and KYC Compliance. Any red flags, concerns, items of concern make it required and the responsibility of Apex to conduct and in depth and thorough second level verification.

In addition, as part of the required verification, or at any time during the duration of this contract, the Company may require that Contractor attend one or more live Zoom sessions with the Company Compliance, Legal, or Risk Management staff member(s), or outside Counsel, during simulated account operation sessions. These sessions will be with Company representatives to observe sessions, activity, executions, ask questions, ask for detailed commentary on executions, reasons for execution, placements of exit points for simulated profits or losses, risk management parameters, specific and exact consistent strategy, or system detailed step by step rules.

Company may request specific number of days, sessions, or executions to be recorded by Contractor and sent to company for review and compliance. Contractor may be asked to provide commentary as executions are made, to explain and show rules, systems, understanding of strategy and system to assure and show the accounts are being traded by and only by the named Contractor and no other parties, other Company Contractors, third parties, services, or any other non-authorized user. If recorded executions and information provided, trading style, system, entries, copying, performance, size, and outcome do not match average of previous range of days, or consistent with previous entry or execution history, Company will consider this as confirmation or other parties accessing and executing on Company owned account will be closed, considered breached contracted and forfeit of all funds.

TRADE LOGS: Trade logs within trading platforms must be kept for a minimum of 30 days and not removed or deleted. Company may request settings, logs, or history files at any time. Logs and file information may not be deleted, altered, modified, edited, or falsified in any way or will result in immediate breach, violation, forfeiture, and cancellation of accounts and contract.

Upon Company request of Zoom, recordings, information, logs, or any other information about activity in the Company owned account, Contractor understands and agrees they will be required to provide this information timely and provide respond within 48 hours of request.  Delays, avoidance, denial, refusal, or demand of reasoning about any and all of these requests and requirements will result in immediate termination of the PA Account and contract. Any simulated PA trading done from the date of request until compliance and completion of the requests will not be credited in any way and any simulated profit balances from those days or trades removed and forfeited. Contractors involved in these schemes historically will avoid the communication from Apex, ignore, push off, make excuses, argue, to drag it out and hope it "goes away" or that Company will not follow up, while they attempt to get to a payout quickly and then purposely blow account. These requirements, restrictions and forfeitures, closure, apply to requests being immediately fulfilled not only by the named Contractor on the user account and Contract, but all other Contractor parties in question, suspected, associated, or required by Apex, in the household, share same IP address, use the same credit card, share same MAC address, or connected in any way directly or indirectly at the sole determination of Apex. All potential parties in the potential group scheme, fraud, or unauthorized access or use of Apex Accounts will be required to comply.

As stated and agreed to in this Contract, all simulated or live prop accounts are owned by and are property of the Company. Contractor understands and agrees that Company reserves the right to full audit, review, full disclosure and details of technical systems, indicators, tools, strategies, or systems used, access to records, logs, settings, reviews of systems, software, hardware, and all activity conducted within the Company owned account to assure compliance. At any time, the Company may request information regarding trading computer specs, internet providers, connections, speed computer performance and resource screenshots, graphics cards, size, internet speed, computer benchmark rating or other information. Contractor agrees and is obligated to full disclosure of any all information requested by the Company regarding any operations within the Company owned account.

The Contractor has entered a legally binding contract with the Company, as an Independent Contractor to perform simulated performance testing and proving of their independently selected or created strategies and system. These operations are executed according to this contract while in a Simulated Performance Account environment setting in which the Contractor, if qualified, meeting contractual guidelines, could be entitled to payouts matching certain percentages of simulated balance performance as outlines above. Ultimately and in addition, Contractor efforts are to show and prove simulated profitability in the attempt to be Evaluated for being placed with a Regulated Futures Broker and given access to Company live prop fund sub account for potential profit split. These results and operations must be done while following general or specific guidelines laid out by the Company. Contractor must avoid prohibited or unqualified activity that would breach, violate, void, forfeit and cancel contract, potential payout or rights or not be valid for any credit, balances, debts, claim, or financial obligations or consideration of any kind from the Company. Contractor has read, agrees to, accepts, and understands without denial, objection, duress, dispute or any rights of denial, refusal or delay, the Company’s right, need, obligation and requirement to full access and information. Non-compliance will result in immediate and permanent breach of contract, forfeit and closure and cancellation of contract with loss of all rights and claims to the Contractor. Company’s internal risk, fraud, and compliance measures are confidential and proprietary and must be kept protected. They may not be disclosed, harmed, or caused to be no longer effective due to exposure. Company therefore may request or require this process or audit at any time, for any reason, without obligation or right of demand for disclose of reason, concern, potential breach, proprietary information, methods, systems, reports, compliance, or fraud detection alerts used for initiation or cause of compliance verification process. Company reserves the right to request this process by live Zoom Session, unstaffed automated live recorded sessions, or to request and require recording directly from Contractor with all requested items, or request of written response to inquiries.

Contractor may have more than one plan under the same user account and the Company reserves the right to cap the plans a Contractor has at any time.

Contractor shall never attempt to trade in an account on behalf of any other Contractor by any means. Accounts may not be shared in any way. Account log in credentials may not be given to any other parties. No other parties than the Contractor listed in this Agreement may have to the account or any information, logs, history, automatic log ins, or access of any kind.

There are no guarantees regarding the results Contractor may achieve or the level of success Contractor may have in Simulated efforts.

Contractor assumes all risk and liability should they elect to use this website or use any of this material or programs.

Independent Contractor- Obligations- Representations- Conduct

I understand as an independent contractor of Apex and signer of the PA Contract I am entering into a legally binding Independent Contractor relationship with Company. Not only to be given access to operate a Simulated Apex PA Account, but I also agree and understand that under terms of this Contract I have obligation and requirements to represent the company in a proper manner as laid out in this agreement.

I understand as an independent contractor of Apex and signer of the PA Contract I am bound by Non-disclosure Agreement, non- disparagement clause, Liquidated Damages clause and agreement, as well as all other rights and responsibilities of the Apex PA Contract.

Company states that it has no desire to contract with or provide opportunities of access to risk capital to any Contractor that would not represent the Company in an ethical and moral way, or not represent the Company in manner expected of this Agreement and Contractual access and relationship. As part of the Apex agreement, PA Contract and specific terms and in the spirit of the relationship, Company (Apex) expects and requires for all independent contractors to always conduct themselves professional, be an Ambassador for Apex, always keep Apex in a good light as they represent Apex in every way. Any activity in contrast to that, speech, written, verbal, posted, use of boards or social media, or unprofessional behavior towards Apex, staff, members, affiliates, management, partners, or anyone else affiliate with Apex will be grounds for immediate breach, cancellation and voiding of the contract and relationship with contractor and forfeiture of all rights or obligations.

Any attempt to spread negative or false information about the denial or refusal of Apex to honor breached contracts will result in immediate closure and forfeiture of all rights to any simulated funds and open the Contractor to claims of slander, defamation, and more counts of breach of contract. This includes any activity, speech, posts, comments, shares that would be a complaint in nature or representing the company in a negative light, including but not limited to any social media or online outlets or negative reviews on Review Sites. The Federal Trade Commission clearly states that person which are Independent Contractors or under Contracts for Employment are not protected by the (CRFA) Consumer Review Fairness Act, nor are protected from fees, fines and penalties from breach of contract in regard to reviews on social media or any other forums! https://www.ftc.gov/business-guidance/resources/consumer-review-fairness-act-what-businesses-need-know

Company may pursue all avenues of legal remedies available for slander, defamation, breach of contract and any losses or damages. This would also be in violation of the non-disparagement clause, and potentially invoke the Liquidated Damages clause if Apex so choses, but would immediately terminate, void, and breach the contract with Apex and all obligations from Apex to the contractor.

All communications between Apex and the Independent Contractors which operate Simulated Performance Accounts are private and confidential including all communication, disputes, outcomes, decisions, denial of payouts, closure of accounts, forfeiture of accounts, or disclosure of security or compliance measures in place and used by Apex to seek and uncover breaches of contract.

These measures, filters, fraud detection and contract enforcement procedures and systems and proprietary information and system of Apex Trader Funding Inc and all outcomes, decisions, findings, methods of compliance, communications of breaches or Compliance, and final outcomes and decisions are strictly confidential and not to shared, copied, forwarded, posted, disclosed by customer/ contractor without the express written permission of Apex. Failure to comply will result in immediate closure, forfeiture of all simulated balances, and potential legal actions being pursued.

All communication from Apex is private and confidential and not to be shared, posted, copied, or given out, posted, or shared to any platform or social media and is proprietary in a competitive market and I agree to keep it confidential. All systems and methods of Apex used to monitor, enforce, or communicate compliance or non-compliance with Apex PA Contract guidelines is proprietary and any disclosure of methods, monitoring, communications, decisions, outcomes, contract enforcement is confidential. All information, forms, communications, procedures and all other items listed are intellectual or physical property of Company. Company has full right of disclosure and to deny or approve any request for disclosure from Contractor of any such material, information, communication, or proprietary materials. Any breach of this confidentiality can result if full closure of all accounts and full forfeiture of any simulated balance rights or claims, will result in breach of contract and cancellation of contract, and the Independent Contractor status with forfeit of all claims due to contract breach.  I agree to follow the Apex Code of Conduct. I agree, understand, and accept that my Apex PA contract also includes a provision with an NDA that I agree to and can be held liable for. The PA contract also includes a non- disparagement clause that I agree to abide by with any and all communications about Apex in any way. I also agree and understand my Apex PA contract contains a Liquidated Damages Clause that would hold me liable for agreed to offenses and amounts for breaches of contract. I understand and agree to all terms above and do not dispute them nor dispute that these were agreed to in the PA Contract and on the Apex website.

Non-Disparaging Agreement:

Contractor agrees to non-disparaging agreement without duress or dispute and that they will not make any voluntary statements, written, oral, or electronically or by any other means or cause or encourage others to make any such statements that defame, disparage, degrade, bring into question or in any way criticize the personal and/or business reputations, practices or conduct of Company or Company’s employees, officers or directors, partners, affiliates or other Contractors. Company agrees that it will instruct its officers and directors to not make any voluntary statements, written or oral, or cause or encourage others to make any such statements that defame, disparage or in any way criticize the personal and/or business reputations, practices or conduct of Contractor, except in the case of Company defense against claims and counters due to Contractor breach of this clause. Contractor agrees not to disparage or denigrate the company orally or in writing, and that neither the Contractor nor anyone acting on their behalf will, in a negative or harmful light, publish, post, or otherwise release any material in written or electronic format, make speeches, gain interviews, or make public statements that mentioned the company, its operations, clients, employees, products, or services.

Nondisclosure Agreement:

This Nondisclosure Agreement is entered into between Contractor and Company and is inclusive of the Apex PA Agreement. The parties agree to enter a confidential relationship with respect to the use and disclosure of certain proprietary and confidential information outlined and determined by Company in the Apex PA Agreement and Independent Contractor Agreement.

For purposes of this Agreement, "Confidential Information" shall include any information, material, forms, agreements, contracts, communications, screenshots, emails, data, or know-how, including trade secrets and proprietary information, either written, oral, electronic, or otherwise, to include any and all parts of this Contract Agreement or executions or enforcements of it.

The Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Upon written request by Disclosing Party, Receiving Party shall immediately return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information.

Disclosing Party shall hold and maintain all rights, title, and interest in and to any Confidential Information. This Agreement and the disclosure of any Confidential Information by Disclosing Party to Receiving Party shall not be construed as granting Receiving Party any rights, title, or interest in the Confidential Information, including any rights in copyright, trademark, patent, or any other intellectual property right.

The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or confidential or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law principles. Any disputes that relate to the execution, interpretation, construction, performance, or enforcement of the Agreement will be brought and resolved solely and exclusively in the state or federal courts of Texas.

Liquidated and Ascertained Damages:

Contractor hereby acknowledges, understands, and agrees that violations of this Contract can cause unforeseen and unknown amount of harm, damages, and loss to the Company regarding mishandling of PA Account, fraud, theft, and especially breach of Confidentiality and Non-Disclosure, Breach of Code of Conduct, Breach of non-disparagement agreement information as outlines in this contract. Contractor accepts, understands, and agrees they shall pay liquidated damages for breach or forfeit of this Agreement or violation of the Pa Account, Platform, non-disclosure, confidential and private information as identified and described in this contract as a whole, as well as non-disparagement violations. Company is entitled to request and receive, and Contractor required and obligated to pay the liquidated damages. I understand that in the event I breach any portion of this contract with regards to attempts to defraud or take advantage of the program rules, allow access to anyone other than myself to the Apex PA Account whether by copy trade access, direct access, or shared devices. of the non-solicitation, nondisclosure, or non-competition provisions of this Agreement, the monetary damages which the Company will sustain may be difficult to ascertain. I hereby agree that in the event of any such breach on my part, that I will be liable to the Company for liquidated damages in the amount of $10,000.00 per occurrence. I hereby acknowledge that said damages are reasonable, do not constitute a penalty, and I further agree that I will not contest the reasonableness of said liquidated damages in any such action commenced by either party with respect to this Agreement.

Neither Contractor nor any third party related to Contractor shall hold COMPANY liable for any change, cancellation, or temporary hold of COMPANY services.

***COMPANY AND ITS AFFILIATES PROVIDE THE MATERIALS AVAILABLE AT ALL ASSOCIATE WEBSITES AND OTHER COMPANY WEBSITES.

PRODUCTS, “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE FULLEST.

EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS, AND ADVERTISERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION, PRODUCT OR SERVICES. COMPANY AND ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS, AND ADVERTISERS DO NOT WARRANT THAT YOUR USE OF ANY COMPANY AND PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY PRODUCTS, INCLUDING THE SERVERS ON WHICH WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

For international Contractors outside the United States, you understand you are responsible for compliance with the laws of your local jurisdiction regarding import or export regulations regarding any service or site operated by COMPANY. It is prohibited to access any of COMPANY website’s content or services if it is in violation of any local laws of the Contractor. CONTRACTOR ACKNOWLEDGES THAT THEY ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE INFORMATION, PRODUCTS AND SERVICES, INCLUDING WEBSITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON COMPANY PRODUCTS AND SERVICES. OPINION, ADVICE, OR STATEMENT OF COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS, WHETHER MADE ON A WEBSITE OR OTHERWISE, SHALL NOT CREATE ANY WARRANTY. YOUR USE OF COMPANY PRODUCTS IS ENTIRELY AT YOUR OWN RISK. COMPANY DOES NOT REPRESENT THAT ANY PLATFORM SUCH AS RITHMIC, NINJACONTRACTOR, OR OTHER PLATFORMS WILL BE ERROR FREE. CONTRACTOR UNDERSTANDS WE DO NOT MANAGE THE PLATFORMS NOR DO WE PROVIDE THE DATA. THE DATA IS PROVIDED BY RITHMIC. AS SUCH, CONTRACTOR UNDERSTANDS THE COMPANY HAS NO ABILITY TO CONTROL OR CREATE THE DATA OR EXECUTIONS OR LACK THEREOF PROVIDED TO YOU. COMPANY DOES NOT REPRESENT THE DATA WILL BE CORRECT, TIMELY, OR USEFUL FOR ANY PARTICULAR PURPOSE.

Federal Tax Laws that effect or determine the taxation of gains from trading regulated futures contract apply to the legal owner of the said account and are taxed under special guidelines to the owner of the account that directly receives the withdrawal from a live funded futures account through a Regulated Broker. All accounts are owned by the Company and contractors are paid directly from the company as an independent contractor and do not partake in any special tax treatment of trading futures contracts, through the Company owned account. The Contractor may close account after but not before 180 trading days where a trade is placed. If the Contractor closes out the account, they will be paid 90% of the simulated performance that would have met the requirements for a payout request up to that point and are not entitled or owed any remaining non live simulated balances that have not met requirements for payout according to the above stated requirements. Company may choose to close the account under any provision in this Agreement. If the Contractor is not in default, Company shall pay the Contractor in an amount and time determined by Company, in its sole and absolute discretion determining the amount due as set forth herein. If company chooses to close the Contractor account, for discontinuation of program or plan, or any other reason, payment to the Contractor shall be made as follows so long as the Contractor has not violated this agreement. If the Contractor has violated this agreement, in any way, they shall forfeit entire balance of all performance payments including amounts the Contractor may be eligible to withdrawal. Performance for this paragraph shall be defined as any amount above the starting balance that the Contractor has requested to be withdrawn, (requested performance / performance) that is eligible and qualified to be withdrawn and has made a withdrawal request that is pending approval (so long as it meets eligibility withdrawal requirements and is approved) or has been approved and not yet paid. Company shall pay 10% of the performance amount if the Contractor has had a Performance Account at least four weeks, 25% if account has been active at a minimum of twelve weeks, 50% at twenty-five weeks, and 90% of the performance if the Contractor has had the performance account for at least one full year. Company reserves the right to payout the Contractor at any time and under any circumstances, earlier than the above-mentioned timeframes, at its sole discretion. Company is under no obligation to pay more than the max payout per payment period or to pay out any amounts that have not yet been qualified for under the terms of this contract agreement.

Limitation of Liability

NEITHER COMPANY NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS OR ADVERTISERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY COMPANY PRODUCTS AND/OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY COMPANY PRODUCT OR SERVICE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, WITHOUT LIMITATION-NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO THE COMPANY FOR SERVICES AND PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Contractor agrees to indemnify, defend and hold COMPANY, its Affiliates and their respective officers, directors, employees and agents harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) Contractor’s breach of this Agreement or other terms applicable to Contractor’s use of COMPANY products and or services; (b) any allegation that any materials that Contractor submits or transmits to COMPANY infringes or otherwise violates the copyright, trademark, trade secret or other intellectual Property or other rights of any third party; and/or (c) your activities in connection with any COMPANY products and or services.

I understand and agree any charges to Apex disputed after use of service would be considered and pursued as act of online theft and intentional act of fraud of Apex services, Rithmic or Tradovate platform and services, Ninja platform, as well CME data. Any chargeback or dispute of card payments to Company will result in immediate termination and cancellation of contract with forfeit of all balances, rights, or claims. By signing and agreeing to this contract, the Contractor understand and agrees to the terms without dispute or objection. Contractor agrees and is bound by executing this contract that if any disputes are made these balances must be returned to the Company within 72 hours of notification and notice from Company and Contractor will be liable for an additional fee of fifty dollars per item charged back for all fees incurred by the Company. 

COMPANY products are accessible through the Internet and require Contractor shall have a computer and modem or comparable access lines. Contractor acknowledges and agrees that, to the extent necessary for them to access products which are made available through the Internet, it is Contractor’s responsibility to provide all sufficient computer equipment, including a computer and modem, necessary for Contractor to establish a connection to the Internet; provide for Contractor’s own connection to the Internet; and pay any costs and fees associated with Contractor’s equipment, software and connections to the Internet.

COMPANY shall pay for data fees for live market data to make product accessible through Rithmic. Company shall provide access to Rtrader or Tradovate and NinjaTrader for use with this account exclusively. Contractor is responsible for any other platform’s fees, for other platforms or data fees Contractor may choose to use beyond what is provided by the company.

Contractor shall keep this Agreement in whole or in part completely confidential or Contractor shall forfeit their performance account and all payouts and be liable to company for damages sought by company. Company contracts, agreements, forms, communications, disclosures, or any other company material may not be disclosed, shared, screenshot, forwarded, placed or discussed on boards, platforms, media, or any other sources or disclosure without express written permission by the Company. Doing so in any way, form, or outline will be cause for cancellation of contractor and forfeiture of all rights laid out in this contract.

The Company may revise, amend, or update policies and terms under this Agreement and on the website at any time without notice. The Contractor may view any updated versions of this contract    in their user portal under the “Signatures” section, where you are seeing this now, and will display in the box just above the previous contract history of acceptance log, so that contractor can review or reference the current governing instrument at any time for updates. Any attempt by Contractor to change the content of this Agreement shall mean any Performance Accounts will be terminated and no funds shall be paid to Contractor.

Company may require a state ID, driver’s license, or passport copy (whichever the Contractor has), and additional items and identification required and requested to meet all AML and KYC Federal Regulations, from Contractor and Contractor shall provide it within 3 business days of the request, if requested by company at any time. Signature and Acceptance of Agreement Prepared For (Trader Name): Rafay Username: rabdul Passed Eval Account: APEX-5XX- Address: City: State/Province: ON Country: CA Zip: Phone: 19052647766 Email: [email protected] Social Security Number, EIN, Tax ID Number, State or Passport ID Number Note: Individual US Citizens must supply a SSN: Date: 08/01/2024 21:38:09 Signed By