Effective date: April 2, 2026
Please read on to learn the rules and restrictions that govern your use of this website (the “website” or “Sites”), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@elitetraderfunding.com.
These Terms of Service (the “Terms”) are a binding contract between you and Elite Trader Funding LLC. (“Elite Trader Funding”, “ETF”, “we” and “us”). You (“you”, “your”, “User” or “Trader”) must agree to and accept all of the Terms to use our Services or website. If you do not accept these Terms, you do not have the right to use the Services. Your use of the Services or website in any way expressly means you agree to all of these Terms, and these Terms will remain in effect at all times while you use the Services and some aspects of these Terms survive termination of your use of the Services. These Terms, as well as those contained in the Privacy Policy, are hereby incorporated by reference, and each of these agreements constitutes the Agreement (hereinafter, the “Agreement”).
"Account" or "Elite Account" means an account established and maintained by ETF or on ETF’s behalf by a third-party vendor, having a distinct identifying account number and containing an initial balance established by ETF and the Trader.
“LIVE ELITE”, “Live Elite” shall refer to the program in which Traders trade with Accounts that contains funds denominated in U.S. Dollars. Any other Account types referenced in these Terms contain synthetic currency, are not genuine legal tender/currency, and any trades executed from these Account types in no way constitute genuine trading in real financial instruments.
Our Services offer performance paid trading programs and opportunities. You, as a User, assume all risk and liability should you elect to use any of the Services.
All ratings, comments, or opinions on different parts of the website do not necessarily reflect those of the entity operating or hosting the website. The website offers educational trading programs and at times may allow users a platform for to express their opinions on ETF and different companies and provide this information as a service to other users.
ETF owns all money and or funds, whether synthetic or real currency, deposited or held in any Account used by a Trader while utilizing ETF’s Services. Any money, funds, or any other property or rights to holdings in any Account are the property of ETF and will continue to be the property of ETF upon termination of any Account.
You assume all risk and liability should you elect to use the Services or use any of its constituent material or programs.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY PROVISIONS, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE OR INITIATE A CLASS ACTION. ARBITRATION IS MANDATORY AND IS YOUR EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF THE SERVICES UNLESS OTHERWISE SPECIFIED. SEE “CHOICE OF LAW; ARBITRATION” UNDER THE MISCELLANEOUS SECTION OF THESE TERMS FOR MORE DETAILS. YOU HEREBY AGREE TO THESE TERMS AND AGREEMENT, WHICH ARE AN ESSENTIAL BASIS OF THE TERMS.
ADDITIONALLY, THESE TERMS CONTAIN REQUIREMENTS TO DISGORGE OR RETURN ANY EARNINGS PAID BY ETF TO A TRADER THAT FILES FRAUDULENT CHARGEBACKS. FOR MORE DETAILS, PLEASE SEE THE SECTION ENTITLED “REFUND POLICY”
ACCEPTANCE OF AND MODIFICATIONS TO THESE TERMS
By using the Services, you, the User, hereby warrant and represent that you have read and fully understand these Terms. If you do not understand any aspect of these Terms, you may reach out to ETF’s customer service by emailing support@elitetraderfunding.com.
These Terms may change from time to time. If we modify our Terms, ETF will post any updates to this page, along with an updated revision date. It is your responsibility to check for updates to these Terms periodically and be aware of changes to these Terms. If you do not agree to any changes to these Terms, you hereby warrant and represent that you shall discontinue your use of the Services. Your continued use of the Services constitutes your acceptance of these Terms.
Further, if you don’t agree with the new Terms, you agree to no longer use the Services. If you use the Services in any way after a change to the Terms or the Agreement is effective, you hereby agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms or Agreement will be effective unless in writing and signed by both you and ETF.
CFTC REQUIRED DISCLAIMER
Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to buy or sell futures, stocks, options, or any security. ETF makes no representation that any User will or is likely to achieve profits or losses similar to those discussed on the website or elsewhere in the Services. The past performance of any trading system or methodology is not indicative of future results.
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE OR SERVICES. OUR SERVICES AND ANY MATERIAL, COURSE(S), OR PRODUCTS CONTAINED THEREIN SHOULD BE USED AS LEARNING AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHALL BE YOUR OWN.
ETF reserves the right at any time to limit access to, modify, change or discontinue any aspect of the Services, Terms, or Agreement, with or without notice to you and we shall not be liable in any manner to you for any such modification, suspension or discontinuance of the Services.
PRIVACY
ETF takes the privacy of its users very seriously. For our current Privacy Policy, click here.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@elitetraderfunding.com..
By using the Services, you hereby represent and warrant that you are at least eighteen (18) years of age, or the age of majority in the jurisdiction in which you reside, whichever is greater. If you are not at least eighteen (18) years of age, or the age of majority in the jurisdiction in which you reside, whichever is greater, you are strictly prohibited from accessing our Services or any of its constituent parts/materials.
Further, by using the Services, you represent and warrant that you or any of your immediate relatives are not an employee or owner of ETF or an owner or employee of any entity in competition with ETF.
NOT A BROKER-DEALER
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A BROKER-DEALER, A COMMODITY TRADING ADVISOR (CTA), A FUTURES COMMISSION MERCHANT (FCM) OR A COMMODITY POOL OPERATOR (CPO) AS SUCH TERM IS USED IN UNITED STATES FINANCIAL SERVICES REGULATIONS, AND THAT WE DO NOT TRADE SECURITIES ON OUR OR ANOTHER PARTY’S BEHALF AS PART OF THE SITES OR SERVICES, NOR DO WE OFFER ANY FINANCIAL OR INVESTMENT ADVICE AS PART OF THE SITES OR SERVICES. NO EMPLOYEE, STAFF, REPRESENTATIVE, OR AGENT OF ETF IS AUTHORIZED TO PROVIDE FINANCIAL OR INVESTMENT ADVICE. SHOULD ANY EMPLOYEE, STAFF, REPRESENTATIVE, OR AGENT PROVIDE INFORMATION OR A STATEMENT THAT COULD BE INTERPRETED AS FINANCIAL OR INVESTMENT ADVICE OR RECOMMENDATIONS, ETF EXPLICITLY DISCLAIMS SUCH INFORMATION OR STATEMENT AND SHALL NOT BE RESPONSIBLE FOR SUCH. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY LOSSES OR GAINS THAT MAY ARISE FROM YOUR RELIANCE UPON INFORMATION PROVIDED THROUGH THE SITES OR SERVICES OR YOUR INTERACTION WITH OTHER USERS. YOU FURTHER ACKNOWLEDGE THAT ETF IS NOT ANY KIND OF ENTITY THAT IS REGULATED BY CFTC/NFA RULES.
YOUR USE OF ETF’s SERVICES
You are required to sign up for an account and select a password and username (“User ID”). You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. Your Account and/or User ID are non-transferable without ETF’s prior written permission. No User may have or create more than one registration and/or User ID.
You may also be required to complete our onboarding process to use our Services, which may include client verification processes and other due diligence steps to comply with AML/KYC (anti-money laundering and know-your-customer) and CFT (combating financing of terrorism) laws. By using the Services, you agree to supply to ETF, upon request, documentation verifying such information to comply with the above laws, including non-public personal information about you. ETF uses a third-party service to conduct AML/KYC and CFT compliance and you further agree that any documentation supplied by you for the purposes of AML/KYC and CFT compliance may be shared with such third-party service provider. This is an ongoing requirement and ETF may request such information from time to time as is needed for compliance purposes and internal due diligence. Your refusal to supply such documentation may result in termination of your use of the Services and denial of any payout that would otherwise be due to you. You further agree to update ETF promptly, should the information and/or documentation you provided to us for AML/KYC and CFT purposes change. We may also obtain information about you from other sources without your knowledge and you agree to this type of data collection.
In furtherance of our AML/KYC and CTF compliance requirements, we may ask you from time to time to participate in interviews with ETF’s risk team to assess risk and ensure no prohibited or suspicious activities are occurring or have occurred on your Account(s), including identity theft or fraud. You agree to participate in these interviews by using our Services and your failure to comply with such interviews may result in termination or suspension of your use of our Services, denial of any payout that would otherwise be due to you, and any other action appropriate to protect and defend ETF’s interests.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws in your jurisdiction, you are prohibited from using the Services. ETF will not be responsible for your use of the Services in any way that breaks any applicable law and you agree to indemnify and hold harmless any damages or losses ETF incurs due to your use of our Services that breaks any applicable law in your jurisdiction. Any offer for a product or service on the website is void where prohibited. ETF may, in its sole discretion, restrict or deny Services in any jurisdiction where such use would be unlawful.
You represent and warrant that you will not share your Account information, User ID, or password with anyone, and you must protect the security of your Account and your password. You are strictly responsible for any activity associated with your Account or your Account’s use of the Services.
YOUR USE OF THE SERVICES IS SUBJECT TO THE FOLLOWING ADDITIONAL RESTRICTIONS AND CONDITIONS:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in any manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including ETF);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your ETF Account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner or respect, to obtain the password, Account, or other security information from any other User;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls”, “scrapes”, “spiders”, uploads or transmits any virus or malicious code, or uses any page, data, or portion of ETF’s website or Services or Content (through use of manual or automated means) to spam, phish, pharm, or pretext;
(i) Copies or stores any significant portion of the Services or Content contained therein;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
(k) Engage in trading strategies that utilize toxic trading flow.
(l) utilize virtual private networks (VPNs), The Onion Router (TOR), virtual private servers (VPS), proxy servers, or any other form of technology or technologies in tandem that in any way hinders our ability to ascertain your IP address, MAC address, or any other identifying information about your device.
(m) utilize, share, or allow third parties to access information within our Services or acquired by using or accessing the Services, unless otherwise expressly authorized by ETF. This includes services of any third party for the purposes of engaging or using the Services in any way. YOU EXPRESSLY AGREE THAT ANY VIOLATION OF THIS PROVISION IS A BREACH OF THESE TERMS AND YOUR CONFIDENTIALITY OBLIGATIONS HEREIN.
(n) is meant to circumvent KYC/AML or CFT regulations. This is inclusive of providing to ETF false, misleading, or incomplete information during the onboarding process or any subsequent steps that are necessary to comply with KYC/AML and/or CFT laws, regulations or our internal controls. ANY USER THAT WE SUSPECT IS PROVIDING FALSE, MISLEADING, OR INCOMPLETE INFORMATION DURING THE ONBOARDING PROCESS OR AT ANY POINT SUBSEQUENT WILL BE PERMANENTLY BANNED FROM USING OUR SERVICES, WILL HAVE PAYOUT AMOUNTS THEN OWED TO THE USER REVOKED, AND ETF WILL REPORT THE ACTIVITY TO PROPER AUTHORITIES IF APPROPRIATE. FOR THIS REASON, THE EMAIL ADDRESS AND PERSONAL INFORMATION ETF HAS FOR A TRADER MUST MATCH THE EMAIL ADDRESS AND PERSONAL INFORMATION OF OUR PAYMENT PROVIDER, AS WELL AS OUR KYC/AML COMPLIANCE SERVICE PROVIDERS.
(o) engages in hedging trades across Accounts with correlated instruments (e.g., NQ and MNQ or ES and MES).
(p) utilizes hedging strategies of any kind that do not comply with applicable regulations or laws of any relevant regulatory body or governmental entity or agency.
(q) otherwise perform trades in contradiction with how trading is actually performed in the applicable futures market, or in a way that establishes concerns that ETF might suffer financial or other harm as a result of a Trader’s activities.
(r) trading in any fashion that acts upon information that is non-public.
(s) engage or hold both long and short trade positions simultaneously (wash sales), whether through one Account, multiple Accounts, or in conjunction with other Traders.
(t) engages in trading that is or appears to be driven by emotional, gambling, or irrational behavior as opposed to rational analysis and strategy.
(u) engaging in entering and exiting trades without a clear strategy or rationale.
(v) utilizing trading strategies based on any type of arbitrage.
(w) attempts to create more than one Username for a single Trader.
(x) allows any third-party to manage or execute trades on any Account held by a Trader.
(y) providing payment, banking, credit card, or other financial account information that either (a) does not match the information ETF has on file for the Trader or (b) matches that of another User utilizing our Services.
(z) engages in trades that are not in the most current, highest-volume contracts for the instrument being traded.
(aa) engages in trades that are low liquidity and/or low volume.
(ab) engages in coordination, collusion, or strategies with other Traders in any fashion, including, but not limited to, strategies that circumvent daily loss limits, trailing drawdowns, or other risk controls imposed by ETF, as well as strategies that game ETF’s payout structure, evaluation metrics, or capital allocations.
(ac) makes use of artificial intelligence, bots, or automated trading systems, trade copiers, or automated trading strategies that are not expressly authorized in writing by ETF. Approved automated trading programs may be found at https://help.elitetraderfunding.com/help/trade-copier-disclaimer
(ad) otherwise engages in conduct or activities that, in ETF sole discretion creates, reputational, regulatory, or financial risk to ETF, even if not stated explicitly in these Terms.
(ae) holding an open position on any instrument less than one (1) minute prior closing of trade said instrument on that Trading Day, unless otherwise stated in the Account rules at the time of purchase.
(af) utilizing any coupon, discount, or other similar promotion that abuses or otherwise conflicts with the terms of use stated in connection with such promotion.
(ag) Trading in such a fashion that exceeds the maximum contract limit stated stated in the Account at the time of purchase or otherwise exceeds the maximum contract limit in any way that is reckless or abusive.
(ah) Engage in trading strategies that utilize high-frequency trading (HFT) or other similar strategies that leverage technology to gain advantages execution speeds by engaging in a high number of transactions in a short amount of time in an abusive manner. All trades executed by you on ETF’s platform shall have a minimum duration of ten (10) seconds—no exceptions.
The foregoing limitations are in place to preserve customer safety and maintain robust internal security.
ETF shall have the sole and exclusive right to determine and/or interpret whether a Trader has violated any RESTRICTIONS OUTLINED IN THESE TERMS. Further, should it be determined by ETF that a Trader has violated any restrictions CONTAINED IN THESE TERMS, ETF reserves the right to withhold, Void, or otherwise deny payouts to such Trader, suspend, or terminate provision of Services to such Trader, and take further action as is necessary to secure and/or protect ETF’s interests. Additionally, should it be determined that these rules were violated for the purposes of DEfrauding or otherwise wrongfully extracting funds from ETF in such a way that is intentionally malicious by (a) an arbitrator presiding over any proceeding between you and ETF under these Terms, or (b) a court of competent jurisdiction, you agree to disgorge AND RETURN ANY and ALL PAYOUTS you have received from ETF in the previous twelve (12) months FROM THE DATE OF discovery of the violation.
The Trader shall maintain the confidentiality of all Confidential Information belonging to ETF and shall not use, disclose to any third party, or otherwise exploit any Confidential Information for any purpose that is not required for the Trader to perform its obligations or exercise its rights under these Terms. The term "Confidential Information" refers to any non-public data, products, research, development, or business activities, including any unannounced products and services. This encompasses information related to the Services, developments, inventions, processes, plans, financial information, customer and supplier lists, forecasts, projections, and the specific terms of this Agreement. However, Confidential Information does not include information that:
is publicly available or in the public domain at the time it is disclosed;
becomes publicly available or enters the public domain through no fault of the Trader;
is rightfully communicated to the Trader by persons not bound by confidentiality obligations;
is independently developed by the Trader;
is approved in writing for release or disclosure by ETF to the Trader or the disclosing third party without restriction; or
is required to be disclosed or is disclosed in compliance with the order or requirement of a court, administrative agency, or other governmental body.
If any ETF Trader is unable to complete a Trader’s KYC onboarding process within seven (7) days from Trader’s submission of KYC documents, as solely determined by ETF, ETF reserves the right to deny or void any payouts that Trader would otherwise be entitled to, revoke access to that Trader’s Account(s), and deny Trader the use of any of ETF’s Services.
Users utilizing our simulated-funded platform are limited to a total number of five (5) Accounts that are eligible for payouts at any given time, unless otherwise agreed to by ETF. This limitation does not apply to Accounts being utilized for evaluation purposes. Some Accounts may be eligible for a one or multiple reset(s) per Account. Such Account resets are subject to a fee determined at ETF’s sole discretion and may be subject to limitations on the number of resets available on specific Account types.
Some Account types are subject to ETF’s consistency rule (as noted when you make the applicable Account purchase and which can also be found here, along with the Applicable Minimum) which dictates that your best daily profit may not exceed a certain percentage of your total profit, as noted on your Account type in the help page above. The consistency rule is expressed as the following corresponding formula:
Single Day Profit must be < or = to (total profit or Applicable Minimum (whichever is greater) * consistency percentage (expressed in decimal form).
All Live Trader Accounts are established, funded, and owned by ETF. The size and number of contracts allowable on such Live Trader Accounts shall be determined at ETF’s sole discretion and will be determined on the Trader’s qualifications and performance. Each Account is subject to an applicable daily loss limit. If an Account incurs losses that reach or exceed this daily loss limit, the Trader will be unable to further trade on that Account for the remainder of the Trading Day. The Trader’s ability to Trade will be reinstated the next Trading Day. If a Trader accrues in an Account an amount equal to or greater than the daily loss limit from that Account’s initial balance, the daily loss limit will not be applicable to such an Account and minimum account balance to avoid trading lockout will be the initial Account balance. Should the Account reach the minimum Account balance, the Trader will be unable to perform trades through the Services for the remainder of that Trading Day. The daily loss limit will be reinstated in the subsequent Trading Day until the Trader accrues an amount equal to or greater than the daily loss limit from the initial balance. If a Live Elite Trader is not meeting account performance standards (as determined at ETF’s sole discretion), ETF reserves the right to close that Account (at which time any remaining balance shall be forfeited to ETF) or require the Trader to cease all trading activities for a period of time, as determined at ETF’s sole discretion.
Each LIVE ELITE Account has a maximum allowed total loss limit set by ETF (the “Total Loss Limit”). If trading in a LIVE ELITE Account results in realized losses that exceed the Total Loss Limit under any circumstances, Trader agrees to reimburse ETF for costs, expenses, damages, and liabilities for trading activity that exceed the Loss Limit. Additionally, if the Trader carries a position outside of a normal trading session for any reason, whether broker/exchange maintenance, overnight period, etc., the Trader agrees to be fully responsible for any associated costs, expenses, damages, or liabilities incurred by ETF for margin, financing, exchange, clearing, or any charges relating to holding such a position. This applies whether or not the trading activity was authorized or not authorized by ETF. In any of the above cases, ETF will invoice the Trader directly for any costs, expenses, damaged, and/or liabilities incurred by the trade activity described in this paragraph and Trader agrees to pay any such invoice upon receipt. To the fullest extent permitted by law, ETF reserves the right to set off any amounts owed by Trader to ETF under this paragraph, against any payouts, credits, or other sums otherwise due to the Trader.
ETF closely monitors the trading activity of all Users to ensure that the Terms and principles of ETF, including, but not limited to, integrity and fairness, are being upheld. Users are required to demonstrate sustained trading activity and a reasonable distribution of profits throughout the life of the Elite Account. ETF strictly prohibits artificial manipulation of the trading requirements, including, any actions with the primary intent to meet the minimum Active Trading Day requirement for each payout without genuine trading activity. An “Active Trading Day” means any day the Chicago Mercantile Exchange is open for trading and Trader has executed a trade that conforms to the Trader’s long-term strategy and is not executed for the purpose of achieving an Active Trading Day. If ETF concludes, in their sole discretion, that trade activity for an account was executed for the purpose of achieving an Active Trading Day, ETF reserves the right to void that Active Trading Day. FOR THE AVOIDANCE OF DOUBT, Active Trading Day requirements must be met for each separate account individually, meaning an Active Trading Day only applies to the Account that had an active trade. If a Trader executes a trade on an Account, the Active Trading Day is only applied to that account and no others.
In the event that a Trader achieves a 20% (or greater) increase in overall Account size (e.g., a $150,000 account growing to $180,000), and subsequently experiences excessive losses of 35% or more in intraday, a single trading day, or over the life of any given Account, such Account shall be deemed invalid for continued participation in the Elite-Sim program and for eligibility in the LIVE ELITE program. This determination will be made during audits conducted by the risk team or at the time of a payout request, based on the increased risk profile associated with such significant drawdowns, which renders the account unsustainable for these programs. For more information on this policy, please see our Help Center article located here.
ETF’s goal is to help retail Traders become successful and funded under our LIVE ELITE program. This program is exclusive to our most successful Traders, and receiving an invitation is a significant privilege. Upon being offered the opportunity to become a LIVE ELITE Trader, you hereby agree to accept such opportunity to convert to a LIVE ELITE Trader Account. ETF reserves the right, at its sole discretion, to convert a Trader to a LIVE ELITE Account at any time, before, during, or after a payout request. Traders are limited to a maximum of five (5) payouts, fifty (50) Active Trading Days (ATD), or payouts from ETF totaling $25,000 per Trader, whichever occurs first, before being automatically considered for transition to LIVE ELITE. When transitioning to LIVE ELITE, the applicable starting balances are determined by ETF in its sole discretion. Current starting balance amounts can be viewed at this link. ETF reserves the right to modify or update such balances at any time without prior notice. Upon conversion, all Elite Sim-Funded Accounts will be closed and no payouts from those accounts will be owed. ETF reserves the right to modify these terms, including payout limits, ATD limits, drawdown limits, or any other parameters of the LIVE ELITE Account. Traders may only request payouts from reserve amounts held in a LIVE ELITE Account thirty (30) ATDs after the Trader’s previous payout, and ETF shall only honor such payout requests if that Trader’s Account is in the positive and above the amounts initially allocated to that Account. If a Trader is asked, for any reason, to trade additional days in order to meet the ATD requirement, the Trader agrees to complete such additional ATDs as ETF reasonably determines are necessary to establish a sufficient and regular trading pattern for the Trader. Should a Trader be moved to the LIVE ELITE program during or after a payout request, ETF reserves the right to allocate any portion of such a payout request to the Trader’s LIVE ELITE Account(s) at our discretion. Active Evaluation and Elite-SIM Funded subscriptions are automatically canceled when you go live.
For all active evaluation accounts in good standing and active Elite Sim-Funded accounts with an active subscription, and where no payout has been requested, the most recent billing payment amount will be credited to the starting balance upon transition to LIVE ELITE.
ETF’s primary goal is to provide a mechanism for talented retail traders to enter confidently into live markets. To make this possible and ensure we can continue supporting you, ETF must maintain and enforce clear and fair rules around payouts for simulated accounts as part of our sustainable business model. We want to provide talented retail traders with a consistent, reliable, long-running partner in ETF that you can trust in your trading journey, without the stresses that often comes with using a proprietary firm (evaluation service). When you’re promoted to LIVE ELITE, you’ll enjoy a host of exciting benefits and perks -- a win for all parties involved.
SHOULD YOU DECIDE NOT TO CONVERT WITHIN FIVE (5) BUSINESS DAYS OF THE OFFER TO CONVERT TO LIVE ELITE PROGRAM, THE FOLLOWING TERMS WILL APPLY: YOU WILL BE PAID OUT 10% OF YOUR EARNINGS UP TO $12,500, AS CALCULATED ON THE OFFER DATE, AND YOU WILL RECEIVE NO MORE THAN 5% OF YOUR EARNINGS EXCEEDING $12,500 AS OF THE OFFER DATE. ADDITIONALLY, YOU WILL BE PROHIBITED FROM USING ETF’S SERVICES FOR TWO (2) CALENDAR YEARS. ANY PAYOUT DESCRIBED IN THIS PARAGRAPH IS STRICTLY CONTINGENT UPON THE TRADER SUCCESSFULLY PASSING ETF’S KYC PROCESS. ANY TRADER THAT IS UNABLE TO SUCCESSFULLY PASS ETF’S KYC PROCESS WILL NOT BE ENTITLED TO ANY AMOUNTS OTHERWISE OWING UNDER THESE TERMS. ANY PAYOUT IS SUBJECT TO THE TRADER’S SUCCESSFUL COMPLETION OF KYC/AML AND CFT REQUIREMENTS. ETF RESERVES THE RIGHT TO NOT PAY ANY TRADER THAT DOES NOT SUCCESSFULLY COMPLETE KYC/AML AND CFT CHECKS, AS REQUIRED BY LAW.
During payout audits, ETF uses a range of factors, including trade frequency, profit distribution, and performance over time, to evaluate the validity of each Trader's trading activity. ETF retains the sole and absolute discretion to determine whether a Trader's trading behavior is in accordance with the Terms, or if it constitutes an attempt to manipulate, game, or distort the payout eligibility criteria. Any such determination by ETF is final and binding.
We prioritize traders with a systematic approach. Traders are expected to adhere to a disciplined trading strategy that is consistent in terms of futures instruments and position sizes. Users must showcase a consistent trading pattern, specifically avoiding a pattern of significantly downsizing (such as from Mini to Micro) futures contracts across several trading days. Such downsizing hampers our risk team's ability to gather adequate data to assess whether a trader can manage the risks associated with trading ETF funds in the live markets. This also includes avoiding oversized positions on single trades, refraining from sporadic contract flipping merely to achieve an Active Trading Day, and maintaining uniformity in trade sizes. Our aim is to cultivate long-term partnerships with Traders built on steady growth and consistent performance. We seek traders who demonstrate a systematic approach to trading with clearly defined strategies that are followed meticulously and judiciously. Any trading activity that deviates from these established guidelines may lead to termination of our Services to you, Account closure, revocation of/voiding any profits the Trader would otherwise be entitled to, and voided Active Trading Days. Our goal being to move traders with exceptional potential to our Live Elite Accounts, we want to teach our users to avoid this type of all-or-nothing trading, which generally results in massive losses once they are moved into the Live markets. ETF is committed to supporting traders who are focused on sustainable trading practices that can be scaled and replicated effectively.
We consider any violation of the foregoing Terms a serious matter that puts Users of our Services at risk and, therefore, is grounds for termination of your right to use or access the Services as well as ETF taking legal action in response to these violations, as appropriate. Additionally, ETF reserves the right to withhold or delay payouts, as well as terminate or suspend access to any User, if it determines, in its sole discretion, that a User has engaged in behavior that is inconsistent with or in violations of the Terms.
Trader agrees to verify all Accounts in any trading platform (such as RTrader, Tradovate, etc. ) before trading and further agrees to notify ETF of any information in the Account that has an incorrect balance (initial or current) or any other information that is incorrect, incomplete, or contains otherwise incorrect data or parameters.
ETF reserves the right to discontinue provision of any aspect of our Services to any User, at any time. Additionally, ETF reserves the right to refuse provision of our Services to any User, at any time, for any reason.
MY RIGHTS
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, resell, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates anyone else’s (including ETF’s) rights.
ETF owns the Services and you expressly agree that you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services, Content, Site, or materials contained therein.
ETF may allow you to copy or download certain Content; just because this functionality exists, does not mean that all the restrictions contained within these Terms don’t apply, they do.
During the term of your use of the Services and surviving any termination of your use of the Services or the Terms, ETF owns and reserves the right to retain, use, sell, and collect any Trader data, trade logs, or User Submissions created by the Trader’s use of the Services to comply with regulatory obligations and requirements, defend against claims, or any other reason ETF deems appropriate. Additionally, ETF reserves the right to copy any Trader’s trades, or general or specific trading strategies at its discretion, or sell data derived therefrom without compensation to the Trader.
Do I have to grant any licenses to ETF or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other Users. In order to display your User Submissions on the Services, you grant ETF certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy and the Agreement to the extent they relate to User Submissions that are also your personally identifiable information. You agree to only submit User Submissions that are (a) truthful, accurate, complete, not misleading, submitted in good faith, and that you have a right to submit such material, (b) does not or will not infringe on any intellectual property or other right of a third party, and (c) does not violate these Terms, any other Agreement between you and ETF, or cause injury or harm to our other Users or third parties.
For all User Submissions, you hereby grant ETF a license to translate, modify (for any purposes, such as ensuring your Content is viewable on mobile devices as well as a computer), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described herein. This is a license only; your ownership of User Submissions is not affected.
If you share a User Submission only in a manner that only certain specified Users can view (for example, a private message to one or more other Users) (a “Limited Audience User Submission”), you grant ETF the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified Users, and providing the Services necessary to do so. Also, you grant such other specified Users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified Users can view, or if you provide ETF (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant ETF the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all ETF Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with ETF for any purpose, provided that ETF will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other Users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You hereby agree to provide to ETF royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to all User Submissions, including unsolicited ideas, products, or suggestsion for ETF's Services, provided that when you delete your ETF Account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from ETF records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that ETF, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
ETF grants no license to the use of its intellectual property unless otherwise agreed to in writing by ETF.
DMCA
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like ETF, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the Accounts of repeat alleged infringers; report potentially infringing content to support@elitetraderfunding.com. To learn more about the DMCA, click here.
If you believe material on our website or contained in the Services has been copied and deciminated in such a way that infringes upon your or some other third party's intellectual property rights, please contact support@elitetraderfunding.com with the following information in writing:
An email with the subject line “DCMA Infringement Notice”;
A reasonably thorough discription of the copywrited work you claim is the subject of the infringement;
A description of where the material you claim is being infringed upon is located on our website or the Services (such as a URL where the infringing material appears);
Your full name, mailing address, telephone number, and email address;
A statement by you that you believe in good faith belief that the disputed material is not authorized by the copyright owner, its agent, or the law;
A statement by you, under the pain and penalties of perjury, that the above information provided in your notice is accurate and that you are the copyright owner or authorized to act upon the copyright owner’s behalf.
An electronic or physical signature of the submitter.
We may request additional information to help assist us in determining whether your intellectual property rights have been violated before we make a final determination or remove the infringing material. We reserve the right to remove access or disable the alleged infringing material if it is unclear who the rightful copyright owner until such matter is resolved. We reserve the right to terminate Accounts and Users that we determine are repeat offenders.
If you believe access to material on our website or contained in the Services has been removed due to a DMCA Notice and you also believe that the disabled access or removal of the material is the result of mistake, misidentification, or such other reason, you may send us a DMCA counter-notification to support@elitetraderfunding.com with the following information in writing:
An email with the subject line “DCMA Counter-Notification”;
A reasonably thorough description of the copyrighted work that has been removed or to which access has been disabled;
A description of where the material appeared before it was removed or access was disabled (such as a URL);
Your full name, mailing address, telephone number, and email address;
A statement by you that you believe in good faith belief that the disputed material was removed or access was disabled as a result of mistake or misidentification of the material that was removed or access was disabled;
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S., to the jurisdiction of the U.S. District Court for the Southern District of Florida), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
RESPONSIBILITY FOR WHAT I SEE AND DO ON THE SERVICES?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access and share all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by ETF. When you access third party websites or use third party services, you accept that there are risks in doing so, and that ETF is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
ETF has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, ETF will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ETF shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that ETF is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ETF, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
WILL ETF'S SERVICES EVER CHANGE?
ETF is always looking to improve upon and enhance our Services, thus the products and services we provide will inevitably change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason in our sole discretion, and without notice. Any new features or programs offered under ETF’s Services will be subject to these Terms and the Agreement.
THE COSTS OF USING ETF
Many of the Services that ETF provides carry a fee. Prices for our Services are subject to change without notice. We reserve the right to modify or discontinue any aspect of our Services without notice. Further, many of ETF’s Service require an ongoing subscriptions/fees that are rebilled on a monthly (or other) basis. You agree to such rebilling, should you purchase a product that requires an ongoing subscription/fee.
We shall not be liable to you or any other third-party for any modification, price change, suspension, or discontinuance of any aspect of the Service. You agree to provide current, complete, and accurate information for all purchases made through our website. You further agree to update your registration or Account information, such as changes to your email address, physical address, credit card information so that we may complete your transaction and contact you as required to complete the transaction.
STOPPING USE OF ETF
You’re free to cancel your subscription at any time. You can also contact us at support@elitetraderfunding.com anytime with questions; please refer to our Privacy Policy as well and the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. ETF is also free to terminate (or suspend access to) your use of the Services or your Account, for any reason in our discretion, including your breach of these Terms. ETF has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your Account, so keep that in mind before you decide to terminate your Account. We will try to provide advance notice to you prior to ETF terminating your Account so that you are able to retrieve any important User Submissions you may have stored in your Account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of an individual’s safety or security, or otherwise harmful to the rights or property of ETF.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
REWARDS PROGRAM
ETF trader rewards programs is valid for any active user of our website, if that Trader is legally eligible to participate in such program. At any time, ETF reserves the right to cancel or modify any rewards or incentive program without notice in our sole and absolute discretion. In the event of a program cancellation, ETF does not owe any user for any points, credits, etc. they have lost in this event. Any violation of ETF Terms of Service will result in a loss of all rewards points, credits, etc. earned. In the event of Account cancellation by ETF or user will nullify all rewards points, credits, etc. earned. ETF trader rewards points, credits, etc. have no monetary value and cannot be redeemed for actual money.
MISCELLANEOUS
Mandatory 30-Day Login/Weekly Trading Policy. ETF requires all users of our Services to login to elitetraderfunding.com every thirty (30) calendar days, starting immediately upon the purchase and activation of any Account, to manage operational costs and maintain platform integrity. Your failure to login to your respective platform in this thirty (30) calendar day timeframe may result in your Account being closed and any accumulated profits or credits forfeit. ETF may choose to reactivate Accounts that are disabled as a result of your failure to login to your respective platform under very limited circumstances, such as illness or unexpected extended travel. We request that you reach out to our customer support team to make arrangements as soon as practicable in the event you anticipate being unable to login to your Account for an extended period. Reactivation of your Account may incur fees and special conditions, subject to the circumstances of the deactivation. Additionally, all Accounts will be required to execute at a minimum of one (1) trade on ETF’s Services per calendar week. Trades that are executed solely for the purposes of achieving a day traded, the determination of which is solely at the discretion of ETF, shall not count toward this weekly trading requirement. Should you be unable to trade in a particular calendar week, ETF requires you to reach out to ETF’s customer service to inform us of such. If you fail to make the minimum trade required in a week and you have not made arrangements with ETF’s customer service team, ETF may invalidate/close your Account and any payouts otherwise due to you will be voided.
Warranty Disclaimer. Neither ETF nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, completeness, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from ETF or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). You acknowledge that trading, whether live or simulated, may involve slippage, partial fills, rejected orders, widened bid/ask spreads, and liquidity constraints not present in simulated environments. ETF shall not be liable for any discrepancy between simulated results and live trading results. Fills in any given sim Account are subject to verification in their respective exchange’s time and sales. Fill prices may be modified to the exchange recorded fill price if there is a discrepancy and/or anomaly. Trades made during economic releases or other fast market conditions may report inaccurate fill prices in an Account and must be verified prior to calculations for payouts. ETF’s promotional materials are for illustrative purposes only and do not guarantee results. Users agree that no oral or written representations outside these Terms create obligations that are not explicitly stated within these Terms. If trading is halted or suspended by any governing authority, the Trader may not be able to complete orders or otherwise comply with these Terms and ETF will exercise any remedies available to ETF under the Agreement, including but not limited to, closing one or more Accounts, regardless of the reason the Trader was unable to comply with the Agreement. ETF recommends the Trader consult daily price limits to reduce this risk.
THE SERVICES AND CONTENT ARE PROVIDED BY ETF (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU CONSENT TO RECEIVING ELECTRONIC COMMUNICATIONS FROM ETF. ETF DOES NOT GUARANTEE IN ANY RESPECT THE SECURITY OR PRIVACY OF ANY ELECTRONIC COMMUNICATIONS AND DISCLAIMS ANY LIABILITY RESULTING FROM A BREACH IN SUCH A SECURITY OR PRIVACY OF AN ELECTRONIC COMMUNICATION TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ETF (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ETF IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold ETF, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, demands, proceedings, suits, actions, liabilities, damages (direct, indirect, actual and consequential), and losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your Account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). This indemnification obligation shall survive termination of the Agreement.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without ETF's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration.THESE TERMS ARE GOVERNED BY AND WILL BE CONSTRUED UNDER THE LAWS OF THE STATE OF DELAWARE, UNITED STATES, WITHOUT REGARD TO THE CONFLICTS OF LAWS PROVISIONS THEREOF. ANY DISPUTE ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THESE TERMS OR YOUR USE OF THE SERVICES SHALL BE FINALLY SETTLED IN KING COUNTY, WASHINGTON, IN ENGLISH, IN ACCORDANCE WITH THE CONSUMER ARBITRATION RULES AND MEDIATION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION, INC. ("AAA") THEN IN EFFECT, BY ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL AND/OR CONSUMER CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF AAA ARBITRATORS IN ACCORDANCE WITH SUCH RULES. ANY ARBITRATOR CONDUCTING AN ARBITRATION CONTEMPLATED UNDER THESE TERMS SHALL PRACTICE PRIMARILY WITHIN THE STATE OF WASHINGTON AND THE PARTIES HEREBY WAIVE ANY OBJECTION TO THIS REQUIREMENT. JUDGMENT UPON THE AWARD RENDERED BY SUCH ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. FOR ARBITRATIONS IN WHICH THE DISPUTE IN QUESTION IS FOR AN AGGREGATED VALUE OF LESS THAN $100,000, THE ARBITRATION SHALL BE A “DESK ARBITRATION” AND DETERMINED BY DOCUMENT SUBMISSIONS ONLY, AND THE PARTIES HEREBY WAIVE ANY RIGHT TO A HEARING, WHETHER VIRTUAL, IN-PERSON, OR TELEPHONIC. NOTWITHSTANDING THE FOREGOING, SHOULD AN ARBITRATION CONTEMPLATED UNDER THESE TERMS REQUIRE A HEARING, IT SHALL BE CONDUCTED VIRTUALLY OR TELEPHONICALLY, AND PARTIES HEREBY WAIVE ANY RIGHT TO AN IN-PERSON HEARING UNLESS MUTUALLY AGREED UPON. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION. FOR ALL PURPOSES OF THIS AGREEMENT, THE PARTIES CONSENT TO EXCLUSIVE JURISDICTION AND VENUE WITHIN THE STATE OR FEDERAL COURTS LOCATED IN, RESPECTIVELY, KING COUNTY, WASHINGTON, OR THE WITHIN THE STATE OF WASHINGTON AND WAIVE ANY AND ALL OBJECTION TO SUCH JURISDICTION AND VENUE. EACH PARTY SHALL BEAR THEIR OWN COSTS IN ANY SUCH ARBITRATION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE ARISING OUT OF YOUR USE OF ETF'S SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED.
ETF reserves the right to audit any User’s trading records, payout history, and account activity, including but not limited to IP address logs and device fingerprints, in order to investigate suspected violations or fraudulent activity.
Payouts/Withdrawals. ETF wishes to empower traders with knowledge and tools that allow them to make prudent investment decisions and build and invest according to long-term, consistent trading strategies. ETF is not a gambling website, nor is it the intention of ETF to empower those who treat trading as a gambling enterprise. Because of this, it is the policy of ETF that, at the time of any withdrawal request, the total balance in the requesting traders’ Elite Account must not consist of an inordinate portion (the determination of which is at ETF’s sole discretion) of that balance being derived from a single trading day. This policy is uniformly applied to all Traders using our Services, without exception.
Force Majeure. ETF shall not be liable or responsible to you or any other party, nor be deemed to have defaulted or breached these Terms or any other agreement between you and ETF related to the use of Services, for any failure or delay in fulfilling or performing Services under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of ETF or our service providers or vendors including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lock-outs, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delay affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, technical failures, data feed errors, or power/internet outages.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that ETF may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You and ETF agree that these Terms are the complete and exclusive statement of the mutual understanding between you and ETF, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ETF, and you do not have any authority of any kind to bind ETF in any respect whatsoever. Use of our Services does not create any kind of employment relationship between you and ETF, but an independent contractor that will recieve a Form 1099-Misc or other appropriate Federal, state, or local tax reporting forms for amounts earned as a Trader.
During your use of the Services and for a period of two (2) calendar years after you have stopped using the Services, Trader shall not, directly or indirectly: (a) cause or attempt to cause any employee of ETF or any of its affiliates (each an, “ETF Affiliate”) to leave the employ of ETF or ETF Affiliate, (b) cause or attempt to cause any independent contractor of ETF or an ETF Affiliate, including any other Traders, to leave ETF or the ETF Affiliate, (c) in any way interfere with the relationship between ETF or any ETF Affiliate and such company’s employees, agents, consultants, or independent contractors, including other Traders, (d) hire any employee, agent, consultant or independent contractor, including other Traders, of ETF or any ETF Affiliate to work for any organization of which the soliciting Trader is an officer, director, employee, consultant, independent contractor, agent, or owner of an equity or other financial interest, (e) interfere or attempt to interfere with any transaction in which ETF or any ETF Affiliate was involved, or (f) cause or attempt to cause any vendors, suppliers, or exchanges to cease their business relationship with ETF or any ETF Affiliate or to enter into any business relationships with any other Trader.
You and ETF agree there are no third party beneficiaries intended under these Terms.
We may grant access to third party service providers to maintain and/or troubleshoot our Services/website. We diligently monitor such access and access is removed after such work is performed.
Trader hereby represents that they have never been(a) convicted of any felony or, (b) convicted of any misdemeanor related to fraud, false statements, or wrongful taking of property; (c) have never been disciplined or been the subject of an action by any governmental or self-regulatory organization, including but not limited to, the National Futures Association, the Commodities Futures Trading Commission, or any similar body in the EU, UK, or elsewhere; (d) do not reside in a country under sanctions by the US, EU, or UK, and (e) no outstanding debts with a clearing firm or other financial services firm.
ETF communicates solely through the use of the English language. Trader represents and warrants that they possess sufficient proficiency in the English lanugage to effectively communicate for all purposes necessary or incidental to these Terms or use of the Services generally.
Trader agrees to the use of electronic signatures and records.
Payout Eligibility/Terms:
Payout amounts for each account size, payout cycle, and payout cap information can be found at the following page: Payout Amounts. These values are subject to change and are incorporated into these Terms by reference.
1. Trading Day Requirement:
The requirements for an Active Trade Day (ATD) are outlined in the Plan Information FAQ's that can be located here, along with the corresponding payout amounts.
2. Payout Amounts:
a. Minimum Amount: The smallest sum eligible for withdrawal on any Account during a given cycle is reflected here. The values published on this page are hereby incorporated by reference.
b. Maximum Amount: The maximum sum available for withdrawal in any given cycle is the maximum amount determined by the user's Account size, however, FOR THE AVOIDANCE OF DOUBT, the maximum withdrawal amount for any Trader across all Accounts is capped at $25,000 total. This cap is not applicable to LIVE ELITE Traders. If a Trader is transitioned to the LIVE ELITE program and such LIVE ELITE Account(s) are liquidated, closed, or otherwise disposed of due to insufficiently successful trading on such Account(s) and the Trader is allowed by ETF, in their sole discretion, to continue to trading with a sim-funded or evaluation Account, the $25,000 cap stated immediately above is reset. The total lifetime amount any sim-funded Trader is eligible to be paid through is capped at $150,000.
c. SMART Growth Plan: For Traders that are offered to transition to ETF’s LIVE ELITE Program, accrued earnings from simulated trades, up to the $150,000 total referenced above, may be applied to that Trader’s LIVE ELITE Accounts and/or held in SIM-Vault, the allocations of which are at the sole and absolute discretion of ETF. See this link for further details. ETF reserves the right to determine SMART Growth program eligibility of and application of the SMART Growth program to, any Trader, at ETF’s sole discretion.
3. Payout Frequency:
a. Daily Payouts: Eligible users can request a payout on a daily basis.
b. Cycle Renewal: Should a user not claim the entire maximum amount within a given cycle, said unclaimed amount will be forfeited upon the initiation of the subsequent cycle.
4. Safety Net Requirements:
Traders must at all times maintain an Account balance greater than or equal to the minimum balance threshold (“Safety Net”) as specified in their Account Agreement to be eligible for payouts. Traders are permitted to withdraw funds from their Account, Traders must ensure that their Account balance meets or exceeds the required Safety Net threshold after the withdraw of funds to qualify for subsequent payouts. On any given payout, Trader will not be able to withdraw from their Safety Net and the Safety Net must remain at the level specified in corresponding Account size found here. ETF reserves the right to deny payout requests that put a Trader’s Account below the minimum balance threshold, as well as deny future payouts until such time as the Trader’s Account meets the minimum balance requirements outlined in the page found here. The values published on this page are hereby incorporated by reference.
Traders must maintain an Account balance greater than or equal to the minimum balance threshold as specified in the page referenced immediately above in addition to actively trading for the required number of ATDs per payout cycle, and engaging in normal trading behavior during such payout cycle. If Traders are denied three (3) or more payouts due to (a) failure to maintain their minimum Account balance, (b) failure to actively trade in the required number of days per payout cycle, or (c) engaging in abnormal trading behavior, ETF reserves the right to revoke your Account and deny the Trader any payout they would normally be entitled to. Non-compliance with the above standards wastes our resources and interferes with our ability to evaluate and promote traders to our LIVE ELITE program. ETF reserves the right to close any Account that falls below the minimum balance/Safety Net.
5. 48-Hour Payout Guarantee
ETF guarantees that within forty-eight (48) hours of an applicable Trader request, excluding weekends, U.S. bank and Federal holidays, and during times where ETF’s system is experiencing outages/downtime:
all eligible payouts will be approved by ETF and;
all eligible LIVE Elite transitions will be initiated by ETF.
If such approval/initiation is not completed by ETF within the aforementioned timeframe, ETF will either pay to Trader an additional $1,000 (in the case of an eligible payout) or add an additional $1,000 to the requesting Trader’s eligible LIVE Elite Account (in the case of a Trader transitioning to ETF’s LIVE Elite program), at ETF’s sole discretion. The above guarantee is strictly subject to Trader’s successful completion of ETF’s KYC and Rise verification processes, IF A TRADER IS UNABLE TO COMPLETE THE KYC AND RISE VERIFICATION PROCESS, SUCH REQUEST WILL NOT BE INITIATED/APPROVED (as applicable). This guarantee is only applicable to actions taken by ETF and initiation/approval delays that are the result of or caused by third-party vendors or service providers are not eligible for this guarantee. Additionally, this request is subject to the requesting Trader’s Accounts remaining in good standing and free of violations of this ToS and the Agreement.
Further, with regard to funds invested in Accounts of LIVE ELITE Traders, the initial balance, which represents the starting balance, is strictly designated for trading activity and cannot be withdrawn at any time.
For the purposes of the above paragraph, “Invested Funds” shall mean funds that have been carried over upon conversion from the simulated Account to the LIVE ELITE Account of Traders. “Excess Funds” shall mean any balance in the LIVE ELITE Account minus Invested Funds and Account Agreement minimum balances.
REFUND POLICY
All sales are final and, to the maximum extent permitted by law, are non-refundable. If applicable law provides you with statutory cancellation or refund rights, such rights shall apply, but ETF shall have no greater refund obligations than required by such law.
Please check the rates/subscription fees as there are no refunds once a trader has signed up and paid for a subscription.
If an Account or other Service you utilize is subject to recurring automatic billing/charges, it is YOUR responsibility to cancel your subscription, either through our platform or by reaching out to our customer service team at support@elitetraderfunding.com. We incur upstream costs to maintain and manage your Account(s) and/or other Services, regardless of whether you use the Services you subscribed to and such automatic charges will not be refunded due to lack of use of our Services or Account(s) activity.
Refunds and Disclaimer
No returns, refunds, or exchanges, partial or otherwise, for any reason, unless required by applicable law. Once your order has been placed and your credit card billed or processed, there are no returns or credit, as our Services are delivered instantly after purchase. The one exception to this refund policy is our 100% Satisfaction Guarantee, which can be found here. We do reserve the right, in our sole and absolute discretion, to refuse any order you place with ETF. We also reserve the right to limit or cancel quantities of products per person, per household, or per order. We also reserve the right to limit, prohibit, or cancel orders that appear, in our sole discretion and judgement, to be placed by dealers, resellers, or other unauthorized dealers/distributors.
All our products are distributed and licensed on an ‘as-is’ basis and there are no warranties, guarantees, or promises of any kind by ETF as to their performance, reliability or suitability to any given task. In no event shall ETF or ETF’s Services be liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional or other, which might arise from its use. Federal or local law governs the use of ETF’s Services; it is the responsibility of the user to follow such applicable laws.
Purchases that result in a chargeback may result in ETF immediate deactivation of your subscription(s), termination or suspension of use of our Services permanently, and revocation of any earnings/payouts you may otherwise be entitled to. Your username will be permanently banned in our database of authorized users.
IN NO EVENT SHALL ETF BE ACCOUNTABLE FOR ANY FINANCIAL LOSSES OR COSTS FROM THE USE OF ANY OF ETF’S SERVICES. ANY CHARGEBACK INITIATED BY A USER WILL BE FULLY INVESTIGATED AND ETF RESERVES THE RIGHT TO BAN SUCH USER FROM USE OF OUR SERVICES. ANY ADDITIONAL PURCHASES MAY BE REFUNDED (IN THE SOLE DETERMINATION OF ETF). ANY ATTEMPT TO MAKE ANY FRAUDULENT PURCHASES WILL RESULT IN A PERMANENT BAN FROM ETF’S SERVICES. IF WE RECEIVE FRAUDULENT CHARGEBACKS (AS DETERMINED SOLELY BY ETF), WE MAY IMMEDIATELY DEACTIVATE YOUR MEMBERSHIP/ACCOUNT(S), REVOKE ANY EARNINGS YOU WOULD OTHERWISE BE ENTITLED TO, AND PROSECUTE TO THE FULLEST EXTENT OF THE LAW. ADDITIONALLY, SHOULD YOU FILE ANY CHARGEBACK THAT IS DETERMINED TO BE FRAUDULENT BY (AS APPLICABLE) (A) THE CREDIT CARD PROCESSOR THAT HANDLED THE CHARGEBACK, (B) THE BANK THAT HANDLED THE CHARGEBACK, (C) AN ARBITRATOR PRESIDING OVER ANY PROCEEDING BETWEEN YOU AND ETF UNDER THESE TERMS, OR (D) A COURT OF COMPETENT JURISDICTION, YOU AGREE TO DISGORGE AND RETURN ANY AND ALL EARNINGS YOU HAVE RECEIVED FROM ETF IN THE PREVIOUS TWELVE (12) MONTHS FROM THE DATE OF ANY CHARGEBACK FILED BY THE USER.
FAILURE TO BE AWARE OF THIS POLICY DOES NOT QUALIFY YOU FOR A REFUND.
NOTICE FOR CALIFORNIA USERS. UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA WEBSITE USERS ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 400 R STREET, SUITE 1080, SACRAMENTO, CALIFORNIA 95814, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.
ETF’s Services are the property of ETF. The information contained in this website and its associated websites is provided as a service to our customers for educational purposes, and does not constitute legal or financial advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in, or linked to, this website, the Services, and any associated sites unless otherwise expressly stated by us. Further, our Services may contain information that is not current and/or provided for reference. We reserve the right to modify any aspect of our Services, including our website, at any time, however, we assume no obligation to do so.
The term ‘information’ herein refers to indicators, strategies, manuals, data, communications, and any other associated products and/or material of ETF and/or ETF’s Services and products.
We make every effort to ensure that we accurately represent our products and Services. As with any business, your results may vary.
There are no guarantees concerning the results you may achieve or the level of success you may experience.
ETF reserves the right to remove, edit, move or close any thread for any reason. Further, ETF reserves the right to cancel your membership or close any Account, and refuse to supply Services to any Trader, at any time, for any reason.
Should any conditions within these Terms conflict with your Account Agreement, these Terms shall control.
Elite Trader Funding LLC
2810 N. Church St, PMB 53832
Wilmington, Delaware, USA, 19802
support@elitetraderfunding.com