Service Facilitators. 11.1. The Contracting Party’s Group shall be entitled, under the sole and exclusive responsibility of the Contracting Party, to delegate the performance of certain rights and/or obligations hereto to one or more Service Facilitators. For this purpose, the Contracting Party shall inform BMEMD of the legal name, postal addresses and websites (URLs) of the respective Service Facilitators, the rights and/or obligations whose performance is to be delegated, the Beneficiary Company/Companies of the Contracting Party’s Group that delegate rights and/or obligations (where appropriate), and any other information that BMEMD may consider necessary for the authorisation of a Service Facilitator. Such information shall be included in the Particular Conditions Section of this Agreement. In no manner shall BMEMD’s endorsement for the above terms release the Contracting Party from the performance of the obligations agreed and accepted under this Agreement.
11.2. BMEMD shall be informed should there be any amendments to the details provided by the Contracting Party with regard to the Service Facilitators or the rights and/or obligations delegated to them. It is the Contracting Party’s responsibility to maintain updated at all times the details concerning the Service Facilitator appointed in accordance with the provisions of this Clause. If there are modifications altering the referred details, the Contracting Party shall provide BMEMD with such modifications. BMEMD reserves the right to reject the amendments to the details of the Service Facilitator provided by the Contracting Party if, following any previous relation with the referred Service Facilitator, any information about it and/or other similar circumstances, BMEMD considers that the Contracting Party would fail to comply with the obligations under this Agreement. Should BMEMD not reject such amendments, both parties undertake to diligently include the corresponding amendments relating to the Service Facilitator in the Particular Conditions Section of this Agreement, as a prior requirement for it to become effective. In no manner shall BMEMD’s endorsement of such amendments and their subsequent implementation release the Contracting Party from the requirement to comply with the remaining obligations adopted under this Agreement.
11.3. In no manner shall the Service Facilitator replace the Contracting Party’s Group as a party to the Agreements for the Provision of Data services executed between the Contracting Party’...
Service Facilitators. 7.1 Redistributors can appoint ‘Service Facilitators’ or ‘technical delivery’ agent(s) to deliver Data to End Customers, provided that:
(i) it is the Redistributor, and never the agent, who contracts directly to supply the Data to the End Customer;
(ii) the Redistributor must provide upon request all End Customer records;
(iii) the Redistributors’ contract to supply the Data to the End Customer must be in place prior to any Data enablement;
(iv) the agent does not database, add to, subtract from, or modify the Data;
(v) the Data is attributed to the Redistributor not the agent;
(vi) the agent is forbidden in its contract with the Redistributor from providing Data to any clients who are not clients of the Redistributor (other than as an approved agent for other Redistributors or as a Redistributor in its own right);
(vii) the agent, in its contract with the Redistributor, agrees to the same terms as the Redistributor in respect of Data audits; and
(viii) Xxxxxxxxx’s approval is granted, in writing, prior to the agent’s appointment. Turquoise reserves the right to refuse to grant approval if it believes the agent does not satisfactorily fulfil the above criteria.
7.2 Clear branding includes but is not limited to the following:
(i) The Redistributors’ logo and name must appear on the Data;
(ii) The Redistributors’ logo and name must be displayed within the Service at all times.
7.3 The unlicensed ‘agent’ in such a scenario must not have the predominant branding on the Data, as there must be no confusion to the End Customer in relation to who is the ultimate provider of the Data. The Customer may elect Data subscription levels and will be charged accordingly, as detailed in the Turquoise Equity Trading and Market Data Tariff Schedule. Level 1 Level 1 will include top of book plus times plus sales. Level 2 Level 2 will include Level 1 plus the full depth of the book.
Service Facilitators. Name Registered Address *Service Function Relationship with Licensee** *Select all applicable from: software vendor, communications provider, hardware/facilities provider. Specify any additional function not covered by these descriptions. **Select all applicable from: associated company (non-controlled affiliate), joint venture partner, contractor. Specify any additional relationship not covered by these descriptions.
Service Facilitators. A Licensee shall complete Form 1, stating the agents of the Licensee, owners or operators of websites displaying Licensee’s Service(s), technology providers or providers of other support services, that facilitate the provision of the Licensee’s Service to be recognised as a Service Facilitator under the Agreement. The aforementioned request must be accompanied, in Form 1, with a disclosure of the specific service or function that the Service Facilitator has been engaged to provide (“Service Function”). The Licensee shall procure an undertaking from the Service Facilitator to Bursa prescribed in Appendix 4.
Service Facilitators. Name Registered Address Service Function Relationship with Licensee
Service Facilitators. 7.1 Redistributors can appoint ‘Service Facilitators’ or ‘technical delivery’ agent(s) to deliver Data to End Customers, provided that:
(i) It is the Redistributor, and never the agent, who contracts directly to supply the Data to the End Customer
(ii) The Redistributor must provide upon request all End Customer records
(iii) The Redistributors’ contract to supply the Data to the End Customer must be in place prior to any Data enablement
(iv) The agent does not database, add to, subtract from, or modify the Data
(v) The Data is attributed to the Redistributor, not the agent
(vi) The agent is forbidden in its contract with the Redistributor from providing Data to any clients who are not clients of the Redistributor (other than as an approved agent for other Redistributors or as a Redistributor in its own right)
(vii) The agent, in its contract with the Redistributor, agrees to the same terms as the Redistributor in respect of Data audits
(viii) Xxxxxxxxx’s approval is granted, in writing, prior to the agent’s appointment. Turquoise reserves the right to refuse to grant approval if it believes the agent does not satisfactorily fulfil the above criteria.
Service Facilitators. 8.1. Redistributors can appoint Service Facilitators to sell and/or deliver Data in a closed user group environment. Any such client is required to sign a Service Facilitator Application before approval is granted and the following criteria must be met:
a) It is the Redistributor, and never the Service Facilitator, who contracts directly to supply the Data to the End Customer;
b) The Redistributor must provide upon request all End Customer records;
c) The Redistributors’ contract to supply the Data to the End Customer must be in place prior to any Data enablement;
d) The Service Facilitator does not database, add to, subtract from, or modify the Data;
e) Individual Unique User ID/Device Data entitlements must be allocated by the Redistributor and not the Service Facilitator;
f) The Redistributor is responsible for all Data reporting;
g) The Service Facilitator is forbidden in its contract with the Redistributor from providing Data to any clients who are not clients of the Redistributor (other than as an approved Service Facilitator for other Redistributors or as a Redistributor in its own right);
h) The Service Facilitator, in its contract with the Redistributor, agrees to the same terms as the Redistributor in respect of market data audits;
i) Where the Brand on the data product is solely that of the Redistributor, and all the above criteria are met, no Redistribution Licence Charges are applicable to the Service Facilitator;
j) Where the Brand on the data product is not solely that of the Redistributor, and all the above criteria except for point i) are met, Service Facilitator Redistribution Licences are applicable for real time Data redistribution as per Schedule B for each additional Brand. For the avoidance of doubt only one Service Facilitator Redistribution licence will be required for each data product. In case of delayed and/or After Midnight Data redistribution, Delayed Data or After Midnight Redistribution Licences are applicable as per Schedule B.
8.2. If a Service Facilitator delivers a datafeed to an End Customer on behalf of the Redistributor, it is still the responsibility of the Redistributor to acquire monthly honesty declarations from each End Customer; the Redistributor is ultimately liable in the event that their appointed Service Facilitator(s) fail to meet any of the above criteria.
8.3. LSE reserves the right to refuse to grant approval if they believe the Service Facilitator does not satisfactorily fulfil the above criteria.
Service Facilitators. Any (i) third party software provider that makes its software technology available to facilitate linkage between the Services and any Direct Access Brokers, futures commission merchants or any other entity providing online order execution services; (ii) third party software provider that makes its software and technology available to Subscriber and through which the Subscriber can use the Services; (iii) third party software provider that makes its software and technology available to Subscribers to be used in conjunction with the Services and/or Data, but which are not part of the Services provided by SmartCharts; or (iv) any third party providing products or services that may be accessible by Subscriber through the System, but which are not part of the Services.
Service Facilitators. Any (i) third party software provider that makes its technology available to TBTTS, Inc. to facilitate linkage between the Services and any Direct Access Brokers, futures commission merchants or any other entity providing online order execution services; or (ii) person or entity providing Approved Third Party Applications or other products or services that may be offered by TBTTS, Inc. in conjunction with the Services. u) Service Fees – Any fees charged by TBTTS, Inc. related to the Services, exclusive of Administrative Fees, Data Provider Fees and Premium Service Fees.
Service Facilitators. Exodus Communications located at Harbourside Financial Centxx, Xxxxx XXX, Xxxxx 000, Xxxxxx Xxxx, XX 00000. XXFC has leased office space from Exodus to house its own servers and receive the S&P Comsxxxx xxxa feed in New Jersey.
