LIMITED POWER OF ATTORNEY



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1.) DEFINITIONS

“the Brokerage” refers to Mt.Cook Financial, as the entity, FCM, or brokerage firm where trading is conducted.

“the Appointee” means the Money Manager and/or Trade Advisor who has been authorised with Power of Attorney on the Client’s trading account at the Brokerage.

“the Client” means the individual, investor, authorized person, or entity who opened an account with the Brokerage.

“the Client Agreement” means the Client Services Agreement and Disclosure Documents required by the Brokerage of its Clients and named as such, which may be amended at the Brokerages’ sole discretion.

2.) DETAILS OF THE CLIENT

I,

the Client / Investor and / or the duly Authorized Representative legally acting on behalf of the Client account, with the following attributes;

holding the account(s) listed below at the Brokerage (list your account number(s) below):
hereby appoint the below referenced Appointee to act as my agent under this Power of Attorney in the conduct of my account(s)
 

3.) DETAILS OF THE APPOINTEE

THE APPOINTEE / PROGRAM NAME:
OUTSIDE THE BOX HK
 
 
MANAGER CONTACT EMAIL:
greg.herron@gmail.com
 
PAM TYPE:
PAM HYBRID 2.0 (ECN)
(Multi-currency, multi-risk)
 
PAM NUMBER(S):
803587 (USD)

4.) PROFIT SHARE DETAILS

And hereby confirm the following profit share / fee pay arrangement:
 
ACCOUNT FEES
 
1. LOCK-IN PERIOD: n/a
2. MANAGEMENT FEES: n/a
3. FRONT LOAD FEES: n/a
4. TRANSACTIONAL FEES: n/a
 
PERFORMANCE FEES
 
1. PERFORMANCE FEES: Yes
2. RATE(S):
 
$5000 to $25000 -- 35%
$25000 to $50000 -- 30%
$50000 to $100,000 -- 25%
$100,000 to $250,000 -- 20%
$250,000 and above -- 15%
 
3. PERFORMANCE FEE CALCULATION METHOD: High Water Mark
4. PERFORMANCE FEE CALCULATION PERIOD: Monthly (00:00 server time on the first day of the month to 23:59 server time on the last day of the month)
 
I hereby acknowledge that the rates listed above are the "default rates". I understand that I may be charged more or less than the default rates at the descretion of the Appointee. I understand that rates outside of the default rates are made viewable to me in the Secure Client Portal, and I agree to contact the Appointee for any further details if my account is being charged different rates outside of the default rates.

5.) TERMS

I further hereby confirm that:-

(i)    The Appointee is authorised by me to have complete authority to conduct trades on my
behalf with the Brokerage in respect of the above account(s);

(ii)    The Appointee is authorised by me to have complete authority to place, amend or remove orders on my behalf with the Brokerage in respect of the above account(s);

(iii)    The Appointee is authorised by me to have complete authority to pass and receive information on my behalf to the Brokerage in respect of the above account(s);

(iv)    I place no restrictions in respect of the clauses above;

(v)    I shall be responsible for all actions taken by the Appointee in respect of the conduct of my account(s) with the Brokerage;

(vi)    the Brokerage may accept all and any instructions given by the Appointee as if they were given by me and shall not be responsible for any acts or omissions on their part;
 
(vii)    I understand that the Appointee may under some circumstances receive transaction based compensation from the Brokerage in the form of rebates. The receipt of which may constitute a conflict of interest as it may create an incentive for the Appointee to trade the account more frequently in order to generate additional revenue.

(viii)    I understand and accept that the conduct of my account remains my full responsibility and my obligations under my Client Agreement and Disclosure Documents with the Brokerage are not diminished in any way by my signing of this Power of Attorney such that, any instructions given by the Appointee may fully be deemed to have been given by me directly or any abuse of the services provided by the Brokerage, by my Appointee, will remain my responsibility;

(ix)    I understand that the appointment made under this Power of Attorney and its contents shall be part of my Client Agreement and Disclosure Documents with the Brokerage and that the Client Agreement permits the Brokerage to reject any instruction or request given by any appointee if, in their sole discretion, they have reasonable cause to believe such rejection to be appropriate;
 
(x)    I fully indemnify the Brokerage against any act or omission on the part of my Appointee;

(xi)    I undertake to (when applicable) provide written notice to the Brokerage and the Appointee of any intention to revoke and terminate any appointment made under this or any other Power of Attorney and that such notice may not be deemed to have been received and acted upon by the Brokerage unless and until I have received written confirmation from them;
 
(xii)    I understand that if I wish to revoke my LPOA while my account has open trades, I will need to realize (close) the open trades as either profit or loss upon revocation and/or disconnection;

(xiii)    This Power of Attorney shall be subject to the same legal jurisdictions and thresholds as stated in the the Brokerage’ Client Agreement;
 
(xiv)    I fully understand that the Brokerage are not making a representation either express or implied that they endorse the Appointee’s activities or abilities in relation to trading. I understand that all inquiries with regards to the Appointee's trading strategy itself, it's performance, and/or about Appointee themselve(s) must be addressed to the Appointee directly at the email listed in the Appointee section. As such the Brokerage cannot answer questions or speak on behalf of the Appointee in this regard.

6.) SPECIAL TERMS AND RISK DISCLOSURES FOR HYBRID PAMS

I understand that the Brokerage has certain add on PAM software (PAM Hybrid 2.0) which functions similarly to copy/duplication technology, but without actually copying trades (which typically cause problems such as latency and slippage etc...). I understand that this software was designed to empower me, as the Client, to have various controls available to help operate my account, such as the ability to connect in and out of trading, set my own risk multiplier, keep my account in any offered currency, and to set equity protection mechanisms on my account.
 
However, in doing so, I also understand that I need to accept both some inherent risks and responsibilities, and I can confirm that in using any PAM Hybrid software tools:-

(i)    If I am using any multipliers and/or notional funding to increase or reduce the risk/exposure on my account, it will be my sole responsibility to understand how to set this, and how it impacts my account, and more importantly, if my account can withstand my risk multiplier under my current margin and or leverage settings which are imposed on my account.;

(ii)    If I am using any equity stop losses for risk protection and/or risk/exposure management, (either in conjunction with, or without account multipliers) it will be my sole responsibility to understand how to set this, and how it impacts my account (especially with a changing balance, or fees being taken out of the account), and more importantly, if my account is properly configured to use these risk protection tools with the particular trade strategy being traded by the Appointee, along with any multipliers I am using, and leverage implications on my account. I understand that if I am unsure about this, it is my sole responsibility to learn this by study or investigation or by inquiring with the Advisor.
 
(iii)    I understand that neither the Appointee nor the Broker will be held liable for any losses incurred on my account as a result of me not properly understanding, learning, setting, or balancing, my risk multiplier, or equity protection when used in conjunction with the Appointee’s trading risk management strategies, and my account's leverage settings.
 
(iv)     Furthermore, I understand that neither the Broker and/or the Advisor guarantee the successful deployment and function of the risk multiplier features or equity protection features. I understand that this software is developed by, hosted by, and is dependent upon 3rd party development in conjunction with market conditions (outside of the Broker, and the Appointee’s control). I understand that these tools are to be used at my sole risk and discretion, and are simply made available by the Broker to me as a resource and an optional add-on service for use, but that should be used on a best efforts basis with no guarantee of success. Therefor I completely understand and agree that responsible monitoring and manual supervision by both the Appointee, and myself on my own investment and trading account(s) should be the primary means of risk control, instead of the sole reliance upon 3rd party software tools.

CONFIRMATION

TO BE COMPLETED BY THE BENEFICIAL ACCOUNT HOLDER, OR IN THE CASE OF CORPORATE ACCOUNTS - THE ACCOUNT HOLDER'S AUTHORIZED SIGNATORY.
*I/*We confirm that *I/*we have heard/read, understand, and have been able to download digitally for my own records the Advisor's Management Document available for download here. By signing this agreement *I/*we agree to it's terms, and to be legally bound by it's terms and conditions, and agree to have read, understood, and accept the electronic signature disclosure herein as it applies to this.  *
*I/*We confirm that *I/*we have heard/read and understand this Limited Power of Attorney document. By signing this agreement *I/*we instruct the Brokerage as per the above terms and agree as to the above terms to be legally bound by it's terms and conditions, and agree to have read, understood, and accept the electronic signature disclosure herein.
 *
Digital Signature (user your mouse / keypad to digitally sign this document): *
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