Apex Trader Funding, Funded Account Agreement

Apex Trader Funding, Funded Account Agreement
This document, herein after referred to as “Agreement,” is between the Trader (TRADER NAME), herein after referred to as “Trader,” and Apex Trader Funding Inc., herein after referred to as “Company.” Signing this Agreement is a binding Agreement between the Company and the Trader. Trader certifies they have read and understand the AGREEMENT, the FAQ Page, and Terms and Agreements linked to at www.ATF.com. This Agreement becomes binding on the “Effective Date,” which is the date the Agreement is signed. Trader certifies they are at least 18 years of age.

“Paid Funded” is defined as an account with which the Trader trades and may make withdrawals under the terms of this Agreement. A Performance Account or Prop 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 and Trader. The maximum allowed PA or Prop Accounts at one time is 20

Plan Account Size Initial Balance Minimum Balance Before Trail
25K Full Size 4 Minis (40 Micros) $25,000 $23,500
50K Full Size 10 Minis (100 Micros) $50,000 $47,500
75K Full Size 12 Minis (120 Micros) $75,000 $72,250
100K Full Size 14 Minis (140 Micros) $100,000 $97,000
150K Full Size 17 Minis (170 Micros) $150,000 $145,000
250K Full Size 27 Minis (270 Micros) $250,000 $243,500
300K Full Size 35 Minis (350 Micros) $300,000 $292,500
100K Static 2 Minis (20 Micros) $100,000 $99,375

Company will open each account, the minimum balance as set forth above, initially of synthetic SIM currency. Syntheticaccounts do not contain genuine or legal tender, but shall still be available for payout as defined in this agreement. Company may set up a copy trade account to copy trader’s trades from SIM account at any ratio with or without notice in a Live Account held by the Company. Once trader has shown consistency and ability, Company may choose to convert the traders actual account from a synthetic SIM account to a live Prop Account and will notify the trader of this and request proper paperwork to be completed in order to assign access to live funded account. Traders can not trade a live funded account without proper paperwork, applications, and compliance. Traders will be contacted and not be moved to a live funded account without notice, notification, application, background checks and proper paperwork to be completed and approved by a third party Prop Firm partner. Trader agrees to complete any required paperwork within the outlined time. If trading a live funded prop account conflicts with any trader's country of residence laws, regulations, or guidelines the trader can cash out of the SIM PA account at this time and not be moved to Live Prop or a copy trade avenue can be discussed if available. No trader 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, if there is no other account active. The maximum contracts shall be determined as set forth within this account.

Live Trades shall mean trades placed, including open positions, by the Trader. Trader understands trailing threshold only raises the max drawdown assigned to any Performance Account, which trails from any open balance during live trades and will trail from the highest point of profit, including unrealized profit, until it reaches the threshold of $100 plus the starting balance.

Trader shall be responsible for a Performance Account fee of $85 per Performance Account on the Effective Date and every subsequent 30 days the Performance Account is active or paying the one time PA account fee (varies by initial size of account) per account. If the payment is declined, payment shall be made and notice by Trader shall be made to Company within 24 hours of the decline or the Performance Account shall not be reactivated by the Company.

Traders 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. If Trader’s Performance account goes below its liquidation threshold, Trader’s monthly fee is NOT canceled automatically.

Trader is fully responsible for canceling the account in Trader’s back office, including any applicable data fees, through the help desk back office.

Trader understands there are NO REFUNDS. The account will be billed and started the day the Trader signs up and every 30 days thereafter until Trader 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. Traders will have to manage their subscription and must cancel via the website before renewal, if Trader chooses to do so. There are no partial refunds. Trader also understands that any and all technical issues, outages, data, platforms, software, indicators, trading computers, internet providers, or tools used to trade or access trading are outside the responsibility of Apex Trader Funding. Accounts can not be increased, adjusted, reset, or replaced in any way or for any reason. Apex Trader Funding is not responsible in any way for technical or data issues of any kind. Each trader is responsible for knowing, understanding and being prepared to handle technical issues and trade closing.

Trader is required at all times to not only use their trading platform, but to also have R-Trader up at all times in order to close out trades if needed. In addition traders 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.

Trader authorizes their card to be charged and processed through Company's merchant account. Trader attests all information, including the name and personal information, are true and correct, and shall be updated by Trader if changes occur. Trader shall not sign up under any other name except their legal name. Trader shall not impersonate anyone. Trader shall not transfer the rights of their account to anyone else and there are no third-party beneficiaries to the services.

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

Trader understands Company is seeking "to fund and payout" traders 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 the rest of the time, or flipping contracts just to show a "trading day", not constantly changing sizes, not dollar cost averaging, not doing high-frequency trading, and being consistent in the trading plan, including your entries, stops, and take profits. Trader funding and paid performance is designed to be a long-term relationship of consistency and steady growth for both parties. Company is seeking to fund traders, not gamblers. At the time of withdrawal request, the balance in the account can not consist of more than 30% of balance being from one single trading day. 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. Trading a normal day to day system that is set, tracked and explainable upon request. News trading, chasing the market, taking advantage of breakouts with no system, morning open, any attempt for "windfalls" without following a strict, set, systematic trading strategy 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.

Traders 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 number of PA accounts until steady consistency is shown. 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.

Company only seeks traders 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 / days, then only "flipping" contracts in an attempt 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 trader 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.

PA and Prop Accounts must be traded by the actual individual listed on the account and PA Contract not by any other party or person.

Automation: AI, Auto Bots, Algos, Fully Automated Trading Bots or software, HFT's or any other automated trading is not permitted on the PA or Prop Accounts. The use of "Semi Automated" software may be used with full trader monitoring and presence at all times. Meaning the trader 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 trader 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 ful automated trading bot or software, algo, HFT, system, any other type of automation like this is strictly prohibited and will result in closure of PA or Prop 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. Traders 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. Trader 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 traders. 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.

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

Profit Share: Traders are entitled to 100% of the first $25,000 they withdrawal according to the listed schedule and 90% of the profit they earn thereafter. Trader will be paid as a 10-99 individual contractor, not as an employee. Payments must be requested between the 1st-5th to be paid out on the 15th and from the 15th-20th to be paid out by the last day of the month. To request first payout and any future payouts, Trader must have a total of 10 individual, separate, trading days, where trades were placed each of the ten days according to their standard, consistent, day to day trading system, before requesting payout. Trader can check in Rithmic how to see how many trading days Trader has. If minimum days are not met, then a payout may be requested the next period. Each payout request must have ten individual trading days completed and closed out in order to request another payout (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 trading Sunday night is part of Monday trade day. The first through third payout months have a minimum payout of $500, with a minimum account balance threshold after payout. There is also a max amount payout for the first through third payout months. ( Whether you took one payout or two payouts for the month, it is considered one single "payout month" ) See below for maximum payout amounts the first three payout months. There is no maximum payout on the fourth payout month and beyond, so long as the minimum balance threshold is in the account after payout. REQUIRED Minimum Balance To Request a Withdrawal (each period) To make a withdrawal request, your account must be at a required minimum balance to approve a payout and must be past the Trailing Drawdown level already. In a PA account, the Trailing Drawdown stops at the starting balance plus $100. Ten trading days minimum are required between each withdrawal request.

REQUIRED Minimum Balance To Request a Withdrawal (each eriod):
$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 can not 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 can not 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 about the minimum amount, Apex does not.

If your balance falls below the minimum payout balance, then the payment will not be processed until eligible the next month, 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, as long as you have had 10 trading days between requests. Starting the 4th payout month, (after three previous payout months of withdrawals) there is no maximum, you can take out as much as you want, as long as the account stays above its minimum required balance (Starting balance plus $100) and there are a minimum of ten trading days between requests.

You are NOT required to leave the "safety net" amount in the account, unlike most other companies! The maximum withdraw each payout period ( twice monthly) amount depends on the account size:
$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 separate, stand alone account. So if you have 10 accounts, you can withdrawal the maximum from EACH account, EACH payout period. For example if you have 10 account, all $50k Accounts, you can withdrawal $2000 from each for a total of $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 maximum from each account. Company reserves the right to payout the trader 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 as defined in this agreement.

Trader agrees to follow the Company Code of Conduct as outlined in the FAQ section and to treat all staff, contractors, other traders, and third parties with respect and professionalism. As well as to maintain and conduct themselves and the Company in a professional and positive manner at all times including groups, Social media, Trade Rooms and any other environment. If Trader cancels accidentally or intentionally, Trader understands there is no way to reactivate the account for any reason and will have to start a new evaluation account. Trader certifies Trader will not dispute any charges.

A “Trading Date” is a date on which trader places a trade between 6 PM ET one day and 5 PM ET the next day. The account shall be owned by company with all funds held or deposited in the trading account used by the Trader 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.

Trader is responsible for paying, withholding, filing, and reporting all taxes, duties, and other government assessments associated with Trader’s activity connected with their use of Company’s services. Company may do any of the foregoing on trader’s behalf, if it sees fit, but this is not standard practice by Company. Trader 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. Repeated abuse of this shall result in termination of the account with no refund or payout.

Trader shall not make more than one account. Doing so may result in forfeiture of any profit made and any fees paid. Trader may have more than one plan under the same account and the Company reserves the right to cap the plans a Trader has at any time. Trader shall never attempt to trade in an account on behalf of any other Trader by any means. Results will vary. There are no guarantees regarding the results Trader may achieve or the level of success Trader may have. Trader assumes all risk and liability should they elect to use this website or use any of this material or programs.

Neither Trader nor any third party related to Trader 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 Traders 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 Trader. TRADER 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, NINJATRADER, OR OTHER PLATFORMS WILL BE ERROR FREE. TRADER UNDERSTANDS WE DO NOT MANAGE THE PLATFORMS NOR DO WE PROVIDE THE DATA. THE DATA IS PROVIDED BY RITHMIC. AS SUCH, TRADER 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.

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.

Trader 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) Trader’s breach of this Agreement or other terms applicable to Trader’s use of COMPANY products and or services; (b) any allegation that any materials that Trader 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.

COMPANY products are accessible through the Internet and require Trader shall have a computer and modem or comparable access lines. Trader acknowledges and agrees that, to the extent necessary for them to access products which are made available through the Internet, it is Trader’s responsibility to provide all sufficient computer equipment, including a computer and modem, necessary for Trader to establish a connection to the Internet; provide for Trader’s own connection to the Internet; and pay any costs and fees associated with Trader’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 and Ninja Trader for use with this account exclusively. Trader is responsible for any other platform’s fees, for other platforms or data fees Trader may choose to use beyond what is provided by the company.

Trader 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 trader 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, Trader must verify they have access to data and instruments before trading. Trader 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 attempt to exploit the fill prices from the exchange prices shall be cause for immediate termination and no payout.

A trading day is defined as a day in which a trader has placed a trade. Trader may close account after but not before 180 trading days where a trade is placed. If the trader closes out the account, they will be paid 90% of the net (minus fees).

Performance Accounts may not be reset.

Company may choose to close the account under any provision in this Agreement, if the Trader is not in default, Company shall pay the trader in an amount and time determined by Company, in its sole and absolute discretion. Company shall pay 20% if the trader has at least 25 trading days. Company shall pay 50% if the Trader has at least 50 trading days. Company shall pay out trader 90% if the trader has at least 100 trading Days.

Trader shall keep this Agreement in whole or in part completely confidential or Trader shall forfeit their performance account and all payouts and be liable to company for damages sought by company.

The Company may revise policies and terms under this Agreement and on the website at any time without notice. The Trader may request copies of any updates to this Agreement at any time. Any attempt by Trader to change the content of this Agreement shall mean any Performance Accounts will be terminated and no funds shall be paid to trader.

Company may require a state ID, driver’s license, or passport copy (whichever the trader has) from Trader and Trader shall provide it within 3 business days of the request, if requested by company at any time.This document, hereinafter referred to as “Agreement,” is between the Trader (TRADER NAME), hereinafter referred to as “Trader,” and Apex Trader Funding Inc., hereinafter referred to as “Company.” Signing this Agreement is a binding Agreement between the Company and the Trader. Trader certifies they have read and understand the AGREEMENT, the FAQ Page, and Terms and Agreements linked to at www.ATF.com. This Agreement becomes binding on the “Effective Date,” which is the date the Agreement is signed. Trader certifies they are at least 18 years of age.

“Paid Funded” is defined as an account with which the Trader trades and may make withdrawals under the terms of this Agreement. A Performance Account or Prop 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 and Trader. The maximum allowed PA or Prop Accounts at one time is 20

Plan Account Size Initial Balance Minimum Balance Before Trail
25K Full Size 4 Minis (40 Micros) $25,000 $23,500
50K Full Size 10 Minis (100 Micros) $50,000 $47,500
75K Full Size 12 Minis (120 Micros) $75,000 $72,250
100K Full Size 14 Minis (140 Micros) $100,000 $97,000
150K Full Size 17 Minis (170 Micros) $150,000 $145,000
250K Full Size 27 Minis (270 Micros) $250,000 $243,500
300K Full Size 35 Minis (350 Micros) $300,000 $292,500
100K Static 2 Minis (20 Micros) $100,000 $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, but shall still be available for payout as defined in this agreement. Company may set up a copy trade account to copy trader’s trades from SIM account at any ratio with or without notice in a Live Account held by the Company. Once trader has shown consistency and ability, Company may choose to convert the traders actual account from a synthetic SIM account to a live Prop Account and will notify the trader of this and request proper paperwork to be completed in order to assign access to live funded account. Traders can not trade a live funded account without proper paperwork, applications, and compliance. Traders will be contacted and not be moved to a live funded account without notice, notification, application, background checks and proper paperwork to be completed and approved by a third party Prop Firm partner. Trader agrees to complete any required paperwork within the outlined time. If trading a live funded prop account conflicts with any trader's country of residence laws, regulations, or guidelines the trader can cash out of the SIM PA account at this time and not be moved to Live Prop or a copy trade avenue can be discussed if available. No trader 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, if there is no other account active. The maximum contracts shall be determined as set forth within this account.

Live Trades shall mean trades placed, including open positions, by the Trader. Trader understands trailing threshold only raises the max drawdown assigned to any Performance Account, which trails from any open balance during live trades and will trail from the highest point of profit, including unrealized profit, until it reaches the threshold of $100 plus the starting balance.

Trader shall be responsible for a Performance Account fee of $85 per Performance Account on the Effective Date and every subsequent 30 days the Performance Account is active or paying the one time PA account fee (varies by initial size of account) per account. If the payment is declined, payment shall be made and notice by Trader shall be made to Company within 24 hours of the decline or the Performance Account shall not be reactivated by the Company.

Traders 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. If Trader’s Performance account goes below its liquidation threshold, Trader’s monthly fee is NOT canceled automatically.

Trader is fully responsible for canceling the account in Trader’s back office, including any applicable data fees, through the help desk back office.

Trader understands there are NO REFUNDS. The account will be billed and started the day the Trader signs up and every 30 days thereafter until Trader 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. Traders will have to manage their subscription and must cancel via the website before renewal, if Trader chooses to do so. There are no partial refunds. Trader also understands that any and all technical issues, outages, data, platforms, software, indicators, trading computers, internet providers, or tools used to trade or access trading are outside the responsibility of Apex Trader Funding. Accounts can not be increased, adjusted, reset, or replaced in any way or for any reason. Apex Trader Funding is not responsible in any way for technical or data issues of any kind. Each trader is responsible for knowing, understanding and being prepared to handle technical issues and trade closing.

Trader is required at all times to not only use their trading platform, but to also have R-Trader up at all times in order to close out trades if needed. In addition traders 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.

Trader authorizes their card to be charged and processed through Company's merchant account. Trader attests all information, including the name and personal information, are true and correct, and shall be updated by Trader if changes occur. Trader shall not sign up under any other name except their legal name. Trader shall not impersonate anyone. Trader shall not transfer the rights of their account to anyone else and there are no third-party beneficiaries to the services.

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

Trader understands Company is seeking "to fund and payout" traders 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 the rest of the time, or flipping contracts just to show a "trading day", not constantly changing sizes, not dollar cost averaging, not doing high-frequency trading, and being consistent in the trading plan, including your entries, stops, and take profits. Trader funding and paid performance is designed to be a long-term relationship of consistency and steady growth for both parties. Company is seeking to fund traders, not gamblers. At the time of withdrawal request, the balance in the account can not consist of more than 30% of balance being from one single trading day. 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. Trading a normal day to day system that is set, tracked and explainable upon request. News trading, chasing the market, taking advantage of breakouts with no system, morning open, any attempt for "windfalls" without following a strict, set, systematic trading strategy 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.

Traders 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 number of PA accounts until steady consistency is shown. 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.

Company only seeks traders 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 / days, then only "flipping" contracts in an attempt 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 trader 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.

PA and Prop Accounts must be traded by the actual individual listed on the account and PA Contract not by any other party or person.

Automation: AI, Auto Bots, Algos, Fully Automated Trading Bots or software, HFT's or any other automated trading is not permitted on the PA or Prop Accounts. The use of "Semi Automated" software may be used with full trader monitoring and presence at all times. Meaning the trader 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 trader 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 ful automated trading bot or software, algo, HFT, system, any other type of automation like this is strictly prohibited and will result in closure of PA or Prop 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. Traders 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. Trader 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 traders. 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.

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

Profit Share: Traders are entitled to 100% of the first $25,000 they withdrawal according to the listed schedule and 90% of the profit they earn thereafter. Trader will be paid as a 10-99 individual contractor, not as an employee. Payments must be requested between the 1st-5th to be paid out on the 15th and from the 15th-20th to be paid out by the last day of the month. To request first payout and any future payouts, Trader must have a total of 10 individual, separate, trading days, where trades were placed each of the ten days according to their standard, consistent, day to day trading system, before requesting payout. Trader can check in Rithmic how to see how many trading days Trader has. If minimum days are not met, then a payout may be requested the next period. Each payout request must have ten individual trading days completed and closed out in order to request another payout (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 trading Sunday night is part of Monday trade day. The first through third payout months have a minimum payout of $500, with a minimum account balance threshold after payout. There is also a max amount payout for the first through third payout months. ( Whether you took one payout or two payouts for the month, it is considered one single "payout month" ) See below for maximum payout amounts the first three payout months. There is no maximum payout on the fourth payout month and beyond, so long as the minimum balance threshold is in the account after payout. REQUIRED Minimum Balance To Request a Withdrawal (each period) To make a withdrawal request, your account must be at a required minimum balance to approve a payout and must be past the Trailing Drawdown level already. In a PA account, the Trailing Drawdown stops at the starting balance plus $100. Ten trading days minimum are required between each withdrawal request.

REQUIRED Minimum Balance To Request a Withdrawal (each eriod):
$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 can not 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 can not 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 about the minimum amount, Apex does not.

If your balance falls below the minimum payout balance, then the payment will not be processed until eligible the next month, 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, as long as you have had 10 trading days between requests. Starting the 4th payout month, (after three previous payout months of withdrawals) there is no maximum, you can take out as much as you want, as long as the account stays above its minimum required balance (Starting balance plus $100) and there are a minimum of ten trading days between requests.

You are NOT required to leave the "safety net" amount in the account, unlike most other companies! The maximum withdraw each payout period ( twice monthly) amount depends on the account size:
$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 separate, stand alone account. So if you have 10 accounts, you can withdrawal the maximum from EACH account, EACH payout period. For example if you have 10 account, all $50k Accounts, you can withdrawal $2000 from each for a total of $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 maximum from each account. Company reserves the right to payout the trader 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 as defined in this agreement.

Trader agrees to follow the Company Code of Conduct as outlined in the FAQ section and to treat all staff, contractors, other traders, and third parties with respect and professionalism. As well as to maintain and conduct themselves and the Company in a professional and positive manner at all times including groups, Social media, Trade Rooms and any other environment. If Trader cancels accidentally or intentionally, Trader understands there is no way to reactivate the account for any reason and will have to start a new evaluation account. Trader certifies Trader will not dispute any charges.

A “Trading Date” is a date on which trader places a trade between 6 PM ET one day and 5 PM ET the next day. The account shall be owned by company with all funds held or deposited in the trading account used by the Trader 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.

Trader is responsible for paying, withholding, filing, and reporting all taxes, duties, and other government assessments associated with Trader’s activity connected with their use of Company’s services. Company may do any of the foregoing on trader’s behalf, if it sees fit, but this is not standard practice by Company. Trader 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. Repeated abuse of this shall result in termination of the account with no refund or payout.

Trader shall not make more than one account. Doing so may result in forfeiture of any profit made and any fees paid. Trader may have more than one plan under the same account and the Company reserves the right to cap the plans a Trader has at any time. Trader shall never attempt to trade in an account on behalf of any other Trader by any means. Results will vary. There are no guarantees regarding the results Trader may achieve or the level of success Trader may have. Trader assumes all risk and liability should they elect to use this website or use any of this material or programs.

Neither Trader nor any third party related to Trader 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 Traders 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 Trader. TRADER 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, NINJATRADER, OR OTHER PLATFORMS WILL BE ERROR FREE. TRADER UNDERSTANDS WE DO NOT MANAGE THE PLATFORMS NOR DO WE PROVIDE THE DATA. THE DATA IS PROVIDED BY RITHMIC. AS SUCH, TRADER 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.

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.

Trader 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) Trader’s breach of this Agreement or other terms applicable to Trader’s use of COMPANY products and or services; (b) any allegation that any materials that Trader 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.

COMPANY products are accessible through the Internet and require Trader shall have a computer and modem or comparable access lines. Trader acknowledges and agrees that, to the extent necessary for them to access products which are made available through the Internet, it is Trader’s responsibility to provide all sufficient computer equipment, including a computer and modem, necessary for Trader to establish a connection to the Internet; provide for Trader’s own connection to the Internet; and pay any costs and fees associated with Trader’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 and Ninja Trader for use with this account exclusively. Trader is responsible for any other platform’s fees, for other platforms or data fees Trader may choose to use beyond what is provided by the company.

Trader 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 trader 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, Trader must verify they have access to data and instruments before trading. Trader 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 attempt to exploit the fill prices from the exchange prices shall be cause for immediate termination and no payout.

A trading day is defined as a day in which a trader has placed a trade. Trader may close account after but not before 180 trading days where a trade is placed. If the trader closes out the account, they will be paid 90% of the net (minus fees).

Performance Accounts may not be reset.

Company may choose to close the account under any provision in this Agreement, if the Trader is not in default, Company shall pay the trader in an amount and time determined by Company, in its sole and absolute discretion. Company shall pay 20% if the trader has at least 25 trading days. Company shall pay 50% if the Trader has at least 50 trading days. Company shall pay out trader 90% if the trader has at least 100 trading Days.

Trader shall keep this Agreement in whole or in part completely confidential or Trader shall forfeit their performance account and all payouts and be liable to company for damages sought by company.

The Company may revise policies and terms under this Agreement and on the website at any time without notice. The Trader may request copies of any updates to this Agreement at any time. Any attempt by Trader to change the content of this Agreement shall mean any Performance Accounts will be terminated and no funds shall be paid to trader.

Company may require a state ID, driver’s license, or passport copy (whichever the trader has) from Trader and Trader shall provide it within 3 business days of the request, if requested by company at any time.