To: White Pacific Securities, Inc. (including any divisions thereof) and Ridge Clearing & Outsourcing Solutions, Inc. By signing below, I, individually or as a co-applicant, warrant my agreement to all of the terms of this Agreement relating to the White Pacific Securities, Inc.(¡§WPS¡¨)brokerage account(¡§Account¡¨) I am opening for purposes of the purchase and sale of securities or commodities or contracts relating hereto, and/or the borrowing of funds to facilitate such purchases:
I authorize Ridge Clearing & Outsourcing Solutions, Inc. to obtain a consumer report at the time of application to verify my creditworthiness and to obtain a consumer report from time to time for updates, renewals, extensions, and collection activity on any approved account. Upon my written request, Ridge Clearing & Outsourcing Solutions, Inc. will disclose to me whether it obtained a report, and if so, the name and address of the consumer reporting agency that provided it. In the event that my account is denied, as a result of the consumer report verification, I authorize Ridge Clearing & Outsourcing Solutions, Inc. to provide to my introducing broker the reason(s) for such denial. By signing below, I attest, under penalty of perjury, to the following: (1) that I have personally completed and signed this Agreement; (2) that I have read and understand the terms and conditions of this Agreement, and any other applicable agreement that you may require; and that I am able to understand the English language or, if not, that I have had an interpreter independent of WPS read and explain the Agreement to me, and that any Chinese translation provided by WPS is as a courtesy only, and should not be relied on by me as binding; (3) that I am of legal age to be bound to this Agreement (that I am of legal age of majority); (4) that the information I have provided you by way of this Application is true, correct, and accurate to the best of my knowledge; (5) that I also agree to timely update you in writing if any material change occurs in either my financial profile or investment objectives; (6) that the Social Security Number and/or Tax ID number shown on this form is my correct taxpayer identification number; (7) that I am agreeing to arbitrate any controversies which may arise with you; (8) that I am not subject to backup withholding; (9) that if I have been notified by the IRS that I am subject to backup withholding as a result of dividend or interest under-reporting, I must cross out (8) in this certification and initial same in the margin; (10) that either I have checked question 11 on page one and fully certified that I am a US person, or I will submit a signed W9.
| 1. | I warrant that I am of legal age of majority in my state of residence/domicile. |
| 2. | All transactions for this Account shall be subject to the constitution, rules, regulations, customs and usages of the exchange or market (and its clearing house, if any) where executed. |
| 3. | Any and all securities or commodities, or contracts relating thereto, and all other property of whatever kind, belonging to me or in which I may have an interest, held by you or carried for any WPS account, shall be subject to a general lien for the discharge of my obligations to you, however arising and without regard to whether or not you have made advances with respect to such property, and without further notice to me, may be carried in your general loans and may be pledged, re-pledged, hypothecated or re-hypothecated, separately or in common with other securities and commodities of any other property, for the sum due to you thereon, or for a greater sum and without retaining in your possession and control for delivery a like amount of similar securities, commodities or other propert. |
| 4. | I agree that in giving orders to sell, all ¡§short¡¨ sale orders will be designated as ¡§short,¡¨ and all ¡§long¡¨ sale orders will be designated as ¡§long,¡¨ and that the designation of a sell order as ¡§long¡¨ is a representation by me that I own the security, and that I am responsible for facilitating delivery of the negotiable certificates being sold no later than by settlement date of the associated order. |
| 5. | Trade confirmations and monthly statements shall be deemed accepted if not objected to within five days and ten days, respectively, after the date of mailing. |
| 6. | At any time, and from time to time, you may, in your discretion, without notice to me, apply and/or transfer any securities, commodities, contracts relating thereto, or any other property or equity therein, interchangeably between any account in which I may have an interest, whether individually or jointly. |
| 7. | I agree that this Agreement shall inure to the benefit of my successors-in-interest, beneficiaries, shareholders, and assigns, and shall be binding on myself, my shareholders, heirs, successors-in-interest, beneficiaries, executors, administrators and assigns, and shall be governed by the laws of the State of California. |
| 8. | I agree that this Agreement shall be in-force and controlling whether my interaction with WPS is via an electronic on-line/phone order system, a computer system or by telephone conversation with brokers or other personnel. I acknowledge that WPS makes no warranties, guarantees, express or implied of any kind, regarding damages, including, but not limited to, lost profits, trading losses or damages that result from delay or loss of access to my Account by use of this or any WPS service. By use of any such WPS service, I acknowledge my agreement to the terms of any such user agreements. |
| 9. | I authorize WPS to record my telephone conversations to monitor the quality of service, transaction orders and other information. I also acknowledge WPS¡¦s reservation of the right to verify, by use of a credit bureau or otherwise, the financial data I have provided herein. |
| 10. | If there is more than one account holder, all account holders¡¦ obligations under this Agreement shall be joint and several. Each joint account holder shall have the authority, acting alone, to take action with respect to this Account, or the securities and other property held therein. |
| 11. | AGREEMENT TO ARBITRATE ALL CONTROVERSIES THIS AGREEMENT CONTAINS A PRE-DISPUTE ARBITRATION CLAUSE. BY SIGNING AN ARBITRATION AGREEMENT THE PARTIES AGREE AS FOLLOWS: (A) ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED. (B) ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY¡¦S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. (C) THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. (D) THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD. (E) THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. (F) THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. (G) THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. (H) NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PRE-DISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION; OR WHO IS A MEMBER OF A PUTATIVE CLASS ACTION WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (I) THE CLASS CERTIFICATION IS DENIED; OR (II) THE CLASS IS DECERTIFIED; OR (III) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A WAIVER OF ANY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.¡¨ |
| 12. | Payment Order Flow Disclosure: I acknowledge that you may receive remuneration in the form of payments for directing orders to designated broker/dealers and market centers for execution. The source and amount of compensation received by you regarding any of my transactions will be disclosed upon written request. |
