DAS 3rd party drop Tradervue
3rd Party Drop Copy CONSENT RIDER
This rider (“Rider”) dated (“Effective Date”) supplements the DAS Disclaimer of Warranty agreement between DAS Inc dba DAS Trader (“DAS”) and the undersigned (“Customer”) dated, and is incorporated therein, (“Customer Market Data Agreement Portal”).
This Rider sets forth the terms and conditions under which DAS will establish a connection with (“3rd Party”) to enable DAS to exchange messages electronically with 3rd party’s post trading portal (“PTP”) on behalf of the Customer for Account # (“Account”).
1. This Rider will be effective as of the Effective Date and will continue until terminated as provided herein (“Term”).
2. During the Term of this Rider, DAS agrees to establish and maintain a connection with a 3rd Party to enable DAS to send Customer’s end of day trade records electronically via secure FTP transfer (“Connection”).
3. (a) CUSTOMER AGREES THAT THE USE OF THE PTP IS AT THE CUSTOMER’S SOLE RISK AND THAT DAS AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OF SERVICES, DELAYS OR ERRORS CAUSED BY VENDOR. AS BETWEEN DAS AND CUSTOMER, CUSTOMER ACCEPTS FULL LIABILITY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF OTHER COSTS OR SAVINGS, OR DAMAGE SUFFERED OR INCURRED BY CUSTOMER, CLIENTS OF CUSTOMER, OR ANY THIRD PARTY, OF ANY NATURE OR FROM ANY CAUSE WHATSOEVER, WHETHER DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, ARISING OUT OF (I) CUSTOMER’S USE OF THE PTP, (II) 3rd PARTY’S SERVICES, (III) ANY INTERRUPTION OF THE CONNECTION, OR (IV) 3rd PARTY’S ACTS OR OMISSIONS.
(b) Customer agrees to defend, indemnify and hold DAS, its affiliates, directors, officers, shareholders, employees and agents, harmless from and against any and all claims, actions, losses, damages, liabilities, obligations, judgments, costs, and expenses any of them may incur or be subjected to arising out of or in any way related to (i) Customer’s use of the PTP, (ii) any interruption of the Connection, (iii) any trade or message dropped to the Connection or 3rd Party’s network, or (iii) 3rd Party’s acts or omissions.
4. Customer agrees to reimburse DAS for any fees and costs incurred by DAS in establishing and maintaining the Connection with 3rd Party. If the Customer terminates its relationship with DAS or terminates this Rider, the Customer shall be responsible for all fees, liabilities, and costs due to the 3rd Party for the Connection, pursuant to the services agreement between 3rd Party and DAS.
5. Subject to Section 4, either party may terminate this Rider upon prior written notice to the other party. This Rider shall terminate in the event of the nonpayment of the Customer paying subscription for usage of the DAS services. Sections 3 and 4 shall survive the termination or expiration of this Rider. If a Customer wishes to terminate the Connection to Customer’s account and this Rider, then Customer shall provide written notice to DAS’s Support Team (support@dastrader.com) and DAS’s Customer Service Team (sales@dastrader.com).
IN WITNESS WHEREOF, the Parties have caused this Rider to be executed by their duly authorized representatives.
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Tradervue
last updated 8 hours ago