SERVICE ACTIVATION. SEE Link shall allow the Executing Broker and the Users to start using the Service with respect to a particular Originating Broker only after the following conditions shall have been met: The Executing Broker has entered into an Inter-broker Agreement. The Inter-broker Agreement shall mandatorily provide for the following: that the Executing Broker and the Contracted Originating Broker under such Inter-broker Agreement shall comply with the Operational Rules in performing their rights and obligations under such Inter-broker Agreement; that the Executing Broker and the Contracted Originating Broker under such Inter-broker Agreement acknowledge that SEE Link has no responsibility or liability with respect to executing any Orders or settling any Transactions; that the Contracted Originating Broker shall be entitled to use the Data in accordance with the terms and conditions stipulated in such Inter-broker Agreement; that the Executing Broker and the Contracted Originating Broker under such Inter-broker Agreement shall notify SEE Link in case such Inter-broker Agreement is terminated for any reason immediately, but no later than 2 (two) Business Days as of such termination. The Executing Broker and the Contracted Originating Broker under such Inter-broker Agreement shall have delivered a notice that they have concluded such an agreement, accompanied by a copy of such Inter-Broker Agreement (“Notice of a Concluded Inter-broker Agreement”) within 5 (five) Business Days as the day of the execution thereof. The Parties agree that the copy of such Inter-broker Agreement may be provided in a redacted version, provided that such version must enable SEE Link to determine at least following elements: (i) the full identity of the contracting parties to such Inter-broker Agreement; (ii) the term of validity of such Inter-broker Agreement; (iii) any provisions concerning or relevant to the Data and the Data Feed Functionality; and (iv) whether the conditions stipulated in Articles 6.1.1 and 6.1.2 have been complied with. Within 3 (three) Business Days following the receipt of a duly submitted Notice of Concluded Inter-Broker Agreement, SEE Link shall activate the functionalities of the System to allow the Executing Broker and the Users to start using the Service for the first time, and shall provide notice of such activation to the Executing Broker and the relevant Contracted Originating Broker. The date of such activation shall be the First Activation Date. If the provided redacted version of the Inter-broker Agreement does not show any of the elements specified in Article 6.1.3, SEE Link reserves the right to demand that the Executing Broker provides a redacted version of the same that is compliant with Article 6.1.3, and SEE Link, shall, in any case, bear no liability for any delay of the activation of the Service caused thereby. As of the First Activation Date, the Executing Broker and the Users shall be able to use the System and receive the Service only in relation to the Contracted Originating Broker with whom the Executing Broker has concluded such Inter-broker Agreement.
Appears in 2 contracts
Samples: Executing Broker Membership Agreement, Executing Broker Membership Agreement
SERVICE ACTIVATION. SEE Link shall allow the Executing Originating Broker and the Users to start using the Service with respect to a particular Originating Executing Broker only after the following conditions shall have been met: The Executing Originating Broker has entered into an Inter-broker Agreement. The Inter-broker Agreement shall mandatorily provide for the following: that the Executing Originating Broker and the Contracted Originating Executing Broker under such Inter-broker Agreement shall comply with the Operational Rules in performing their rights and obligations under such Inter-broker Agreement; that the Executing Originating Broker and the Contracted Originating Executing Broker under such Inter-broker Agreement acknowledge that SEE Link has no responsibility or liability with respect to executing any Orders or settling any Transactions; that the Contracted Originating Broker shall be entitled to use the Data in accordance with the terms and conditions stipulated in such Inter-broker Agreement; that the Executing Originating Broker and the Contracted Originating Executing Broker under such Inter-broker Agreement shall notify SEE Link in case such Inter-broker Agreement is terminated for any reason immediately, but no later than 2 (two) Business Days as of such termination. The Executing Originating Broker and the Contracted Originating Executing Broker under such Inter-broker Agreement shall have delivered a notice that they have concluded such an agreement, accompanied by a copy of such Inter-Broker Agreement (“Notice of a Concluded Inter-broker Agreement”) within 5 (five) Business Days as the day of the execution thereof. The Parties agree that the copy of such Inter-broker Agreement may be provided in a redacted version, provided that such version must enable SEE Link to determine at least following elements: (i) the full identity of the contracting parties to such Inter-broker Agreement; (ii) the term of validity of such Inter-broker Agreement; (iiiii) any provisions concerning or relevant to the Data and the Data Feed Functionality; and (iv) whether the conditions stipulated in Articles 6.1.1 and 6.1.2 have been complied with. Within 3 (three) Business Days following the receipt of a duly submitted Notice of Concluded Inter-Broker Agreement, SEE Link shall activate the functionalities of the System and the Software to allow the Executing Originating Broker and the Users to start using the Service for the first time, and shall provide notice of such activation to the Executing Originating Broker and the relevant Contracted Originating Executing Broker. The date of such activation shall be the First Activation Date. If the provided redacted version of the Inter-broker Agreement does not show any of the elements specified in Article 6.1.3, SEE Link reserves the right to demand that the Executing Originating Broker provides a redacted version of the same that is compliant with Article 6.1.3, and SEE Link, shall, in any case, bear no liability for any delay of the activation of the Service caused thereby. As of the First Activation Date, the Executing Originating Broker and the Users shall be able to use the System and receive the Service only in relation to the Contracted Originating Executing Broker with whom the Executing Originating Broker has concluded such Inter-broker Agreement.
Appears in 2 contracts
Samples: Membership Agreement, Membership Agreement