Collaboration Agreement as Introducing Broker (IB)
BETWEEN:
SCAP Broker LTD, a company incorporated under the laws of Saint Lucia, under registration number 2024-00126, also registered in Canada (Ontario) with the Ontario Corporation Number 1001249794, and authorized as a Money Services Business (MSB) before:
The Financial Crimes Enforcement Network (FinCEN) of the United States Department of the Treasury, with registration number 31000300983015 and registered address at 4800 Baseline Rd, Boulder, Colorado.
The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), under the same Canadian incorporation number.
Additionally, the operational brokerage services, order execution, and access to trading platforms such as MetaTrader 5 (MT5) are provided by its subsidiary SCAP Broker (PTY) LTD, an entity duly incorporated in the Republic of South Africa, under registration number 2023/572925/07, with domicile at 18 Cavendish Road, Claremont, Cape Town, Western Cape, 7708, which operates under a financial license granted by the Financial Sector Conduct Authority (FSCA), acting as an authorized representative of LONG ASIA GROUP NZ (PTY) LTD, with financial license FSP No: 53197, in accordance with the Financial Advisory and Intermediary Services Act (FAIS).
Hereinafter, jointly referred to as “The Broker”.
AND:
[NAME OF THE IB], identified with identity document number [ID or NIT Number], with domicile at [Full Address], who hereinafter shall be referred to as “The IB”.
Preamble
The parties declare that this agreement is entered into for the purpose of establishing a commercial collaboration relationship whereby The IB may refer potential clients interested in the financial and technological services provided by SCAP Broker LTD and its affiliated entities, within the current legal and regulatory framework in each applicable jurisdiction.
SCAP Broker and its subsidiaries are committed to rigorous compliance with international standards on anti-money laundering (AML), counter-terrorism financing (CTF), data protection (GDPR/PIPEDA), and fair and transparent market practices. This agreement is based on the principles of legality, transparency, ethical cooperation, and respect for territorial regulatory limitations.
Both parties declare that they have reviewed, understood, and accepted the conditions stipulated herein, and undertake to act in good faith during the term of this agreement, respecting the organizational structure, the institutional image, the intellectual property rights, and the operational standards of The Broker.
1. Purpose of the Agreement
The purpose of this agreement is to regulate the commercial relationship between SCAP Broker LTD and The IB, by virtue of which The IB will act as an external collaborator, authorized exclusively to promote, disseminate, and refer potential clients interested in using the brokerage services, platforms, and financial products offered by SCAP Broker.
This collaboration does not confer upon The IB any type of legal representation, decision-making power, contracting capacity on behalf of The Broker, or authority to act as a financial agent, investment advisor, portfolio manager, or equivalent figure.
The IB undertakes to carry out its client acquisition and promotion work ethically, professionally, and in accordance with the commercial, regulatory, and reputational guidelines established by The Broker in this agreement and its annexes.
Likewise, The Broker acknowledges that The IB acts autonomously and independently, without any labor subordination or agency relationship. Therefore, The IB will not be responsible for the investment decisions, trading operations, or financial expectations of the referred clients, being exempt from any direct claim by them, provided that it has complied with the duties of information, transparency, and conduct established by The Broker.
2. Nature of the Relationship
The parties declare and accept that the legal relationship that arises from this agreement is strictly commercial and of independent collaboration, without in any case being understood as a labor, agency, partnership, subordination, or legal representation relationship between SCAP Broker LTD and The IB.
The IB acts as an independent contractor, carrying out its activity at its own risk, name, and responsibility, without economic or legal dependence on The Broker. Consequently, it will directly assume its operating expenses, tax burdens, fiscal contributions, accounting obligations, social security, and any other costs derived from its activity.
The Broker will not be responsible for obligations incurred by The IB with third parties, nor for the legal, financial, or contractual consequences derived from the exercise of its activity outside the parameters established in this agreement and its annexes.
3. Compensation Model
3.1. The IB will be entitled to receive commissions for clients it refers directly, as well as for those generated in its network up to a maximum of four (4) levels. The total commissions paid in this structure will not exceed 6% accumulated on the spread or commission generated, distributed according to The Broker’s level policy.
3.2. Commissions will be generated daily at the end of each trading day, calculated based on the volume traded and validated by The Broker’s systems. However, payments will be settled monthly in United States dollars (USD), through The Broker’s official platform, provided that the accumulated amount is equal to or greater than USD $50.
3.3. Payment will be conditioned on the referred clients generating real, legitimate operational volume in accordance with the validity and activity criteria established by SCAP Broker LTD. Simulated, manipulated operations, or activity incompatible with the commercial and market purpose will not be recognized.
3.4. SCAP Broker LTD reserves the right to suspend, withhold, or cancel commissions when there are indications of fraud, manipulation of the referral system, irregular activity, or prolonged inactivity of the referred clients. Every decision will be duly motivated and notified to The IB.
3.5. In case of controversy regarding the calculation of commissions or the credited volume, The IB may request a formal review, which will be handled by The Broker’s compliance department within a period not exceeding fifteen (15) business days.
4. Obligations of The IB
The IB expressly undertakes to comply with the following obligations throughout the term of this agreement:
4.1. Refrain from making promises of profitability, guarantees of benefits, or projections of future income, as The Broker does not offer products with guaranteed returns or personalized investment advice.
4.2. Not execute operations on account or on behalf of the clients, nor intervene in the administration of individual accounts, unless expressly authorized and documented in accordance with applicable legal and regulatory guidelines.
4.3. Use only official advertising, informational, and graphic materials provided or authorized by SCAP Broker LTD, maintaining the brand identity and communication guidelines established by the company.
4.4. Avoid all forms of misleading, sensationalist advertising, or that which induces error, as well as unauthorized client acquisition techniques that may affect The Broker’s reputation or violate local or international regulations.
4.5. Rigorously comply with current regulations on personal data protection, identity verification (KYC), anti-money laundering (AML), and counter-terrorism financing (CTF), both in the jurisdiction where The IB operates and in those where The Broker holds licenses or registrations.
4.6. Immediately and formally inform The Broker of any suspicious activity, unusual contact with clients, indications of fraud, attempted identity theft, or any event that may constitute a violation of KYC/AML/CTF regulations or compromise The Broker’s operational integrity.
5. Prohibitions
During the term of this agreement, The IB shall expressly refrain from engaging in any of the following conducts, which are considered incompatible with the legal relationship established herein and will be cause for contractual sanction or immediate termination of the agreement:
5.1. Presenting itself to third parties as an employee, partner, authorized agent, official representative, or legal delegate of SCAP Broker LTD or SCAP Broker (PTY) LTD, as the relationship between the parties does not constitute a mandate, partnership, or labor relationship of any kind.
5.2. Using the trade name, registered trademark, logo, institutional image, or any other distinctive element of SCAP Broker LTD in public channels, campaigns, presentations, or promotional material, without prior, express, and written authorization from The Broker.
5.3. Charging, collecting, withholding, or managing payments, commissions, deposits, or other funds on behalf of The Broker or third-party clients, whether in its own accounts or those of others. All financial transactions must be carried out exclusively through the official channels of SCAP Broker LTD.
5.4. Generating, publishing, or distributing content that simulates being official from The Broker without prior review by the compliance or marketing team.
5.5. Acting as a financial intermediary, investment advisor, or fund manager without having the corresponding licenses in the jurisdiction where it operates or the express authorization of The Broker.
5.6. Economic sanction: In case of non-compliance with any of the prohibitions stipulated herein, especially regarding the improper use of the brand (numeral 5.2) or unauthorized charges to clients (numeral 5.3), SCAP Broker LTD reserves the right to apply an economic sanction equivalent to Five Thousand United States Dollars (USD $5,000), without prejudice to additional legal actions that may apply, including civil, criminal, or administrative ones.
5.7 It is expressly prohibited to use abusive or manipulative trading strategies, including but not limited to:
Latency arbitrage or any form of execution that exploits price differences between quotation servers in milliseconds.
High-frequency trading (HFT) without technical justification or that is based on micro-manipulation of the system.
Improper exploitation of positive swaps, without basis in a real financial strategy.
Exploitation of technological bugs, pricing errors, or system failures without reporting them to The Broker’s technical team.
Arbitrage between personal accounts, between referred accounts, or between platforms.
Cross-hedging techniques to generate artificial commissions.
Use of inside information, unauthorized access to internal market conditions, or collusive collaboration with third parties to obtain advantages not available to other users.
These practices will be considered of high severity by SCAP Broker LTD, as they distort operational metrics, affect the stability of liquidity systems, and compromise the integrity of The Broker’s commercial ecosystem.
The use of this type of malicious resources or without legitimate justification will lead to the application of contractual penalties, including the immediate suspension of the contract, the retention of commissions, and the imposition of a sanction of up to USD $100 per day of infringement, as described in the penalty clause.
Non-compliance with any of the prohibitions established in this clause will result in the automatic termination of the contract and may generate additional legal liability for improper use of image, appropriation of functions, or reputational and economic damages to The Broker.
7. Elimination of Commissions Derived from Abusive Practices by Referrals
All Introducing Brokers (IB) have the right to claim commissions generated by the activity of their referrals. However, SCAP Broker LTD reserves the right to eliminate, suspend, or reverse totally or partially said commissions if it is demonstrated that:
a) The operations executed by the traders referred do not reflect a genuine intention to participate in the financial market, but are oriented to mechanically take advantage of the conditions offered by the broker.
b) Abusive practices have been identified by the traders referred, including, but not limited to:
Arbitrage between accounts of the same IB or its network.
Use of high-frequency trading (HFT) systems for manipulation purposes.
Deliberate exploitation of swaps, spreads, slippage, or technological errors without notification to the compliance area.
Cross-hedging between accounts to simulate volume.
Access or improper use of privileged information or system bugs.
c) The market conditions have been used fraudulently or automatically to generate artificial commissions for The IB.
In any of these cases, The Broker may, without requiring judicial authorization, proceed with the reversal of commissions corresponding to the period in which the practices have been identified, and exercise other contractual, legal, or administrative actions as stipulated in this agreement.
8. Preferential Dedication with Conditioned Exclusivity
The IB may maintain parallel collaborations with other brokers or financial intermediaries, provided that:
a) It requests prior written authorization, at least 10 calendar days in advance, clearly indicating the nature of the relationship or activity (Event).
b) SCAP Broker LTD grants its express and limited approval, formally recording the authorized terms.
c) It is guaranteed that there is no direct competition, reputational impact, or conflict of interests, especially in relation to the same products, territories, or channels.
In case of participation in events, fairs, conferences, or campaigns sponsored totally or partially by SCAP Broker LTD, absolute exclusivity will be required regarding the presence of competing brands and promotion of services of other brokers, during said event and in its dissemination.
Non-compliance with this clause may be considered a serious offense, empowering The Broker to apply sanctions in accordance with clause 18 (Penalties), without prejudice to corresponding legal or contractual actions.
9. Minimum Referral Targets
7.1 Initial Base Target – New IB or in Activation Phase:
During the first two quarters, The IB must refer at least 5 active clients per quarter, defined as clients who execute a minimum volume of 5 lots in real accounts.
7.2 Standard Target – Consolidated IB:
From the third quarter onwards, the target will be 10 active clients per quarter. This figure is based on the average productivity of similar programs of regulated brokers, where active IBs generate between 8 and 15 effective clients per quarter, according to industry reports (e.g., FXOpen, Pepperstone, IC Markets).
7.3 Advanced Target – Elite IB or with Community:
The IBs that have a community, regional presence, or their own structure, may be subject to targets of up to 15 or 20 active clients per quarter, according to their history and previous performance.
7.4 Evaluation and Consequences:
Failure to meet the target for two consecutive quarters may be cause for early termination of the contract, unless The IB requests an extension or valid commercial justification approved by SCAP Broker LTD.
7.5 Periodic Review:
The targets may be reviewed every six (6) months by The Broker based on internal productivity indicators, market changes, or restructuring of the referral program, with prior notice of at least 30 days.
8. Geographical and Regulatory Limitations
It is strictly prohibited for The IB to carry out client acquisition, promotion, advertising, or marketing activities for The Broker’s services in countries or territories where the offering of trading products, derivatives, or leveraged financial instruments is prohibited, restricted, or subject to special license, in accordance with local laws or specific financial regulations.
The IB undertakes to:
8.1. Previously verify the legal, regulatory, and administrative provisions of the country where it intends to carry out promotional activities, ensuring that such actions do not infringe local or international regulations.
8.2. Refrain from operating or acquiring clients in jurisdictions listed as sanctioned, high-risk, or non-cooperating, according to the current lists of the Financial Sector Conduct Authority (FSCA) of South Africa, the Office of Foreign Assets Control (OFAC) of the United States, the Financial Action Task Force (FATF/GAFI), and any other recognized international authority.
8.3. Immediately inform The Broker of any suspicious contact, request, or activity originating from restricted territories, or any attempt to circumvent regulations through the use of VPNs, false data, or opaque structures.
8.4. Assume full legal and economic responsibility for any infringement derived from the ignorance or non-compliance with these geographical limitations, including regulatory sanctions, account blockages, or legal actions against The Broker.
Non-compliance with this clause will be considered a serious offense, and may lead to immediate termination of the contract, cancellation of associated commissions, and the adoption of additional legal or regulatory measures.
9. Duration and Termination
7.1. Term
This agreement will come into force from the date of its signature by both parties and will have an indefinite duration, unless otherwise stipulated in a specific annex or its termination occurs in accordance with the provisions established herein.
7.2. Unilateral termination with notice
Either party may terminate this contract at any time, without needing to express cause, by written notice with at least fifteen (15) calendar days’ notice. During this period, both parties undertake to fulfill their contractual obligations fully and ethically.
7.3. Termination for serious breach
The Broker may terminate the contract immediately and without prior notice if a serious breach by The IB is verified that affects the reputation, legal integrity, regulatory compliance, or operational stability of The Broker. Serious breaches include, among others:
Violation of communication policies.
Promises of profitability.
Unauthorized use of brand.
Client acquisition in prohibited jurisdictions.
Improper retention of information or client data.
7.4. Acquired rights and pending obligations
The termination of the contract, for any cause, does not exempt either party from fulfilling obligations already acquired or from paying commissions validly generated up to the termination date, except those that are subject to review or have been canceled due to fraud or non-compliance.
7.5. Post-contractual non-compete clause
Unless expressly authorized in writing by The Broker, The IB shall refrain from promoting, representing, or collaborating with competing brokers or with similar business models in the same assigned territory, for a period of ninety (30) calendar days counted from the contract termination date.
7.6. Review, Renegotiation, and Preferential Conditions
The parties agree that this contract may be reviewed and renegotiated annually, or at any time when substantial changes occur in:
The applicable regulation in the jurisdictions where The Broker or The IB operates.
The commercial conditions of the market.
The Broker’s operational, technological, or licensing structure.
Likewise, The IB may request a review of the contract in case of achieving outstanding performance levels, measured based on:
The monthly or accumulated volume of lots generated by its direct and indirect referrals.
The number of active clients maintained consistently for more than two quarters.
The quality of community management, regulatory compliance, and participation in The Broker’s internal programs.
In such cases, The Broker may grant preferential conditions such as:
Increase in the commission percentage.
Access to new products before general launch.
Recognition as Elite IB or access to exclusive programs.
All requests for review or renegotiation must be made in writing and will be attended to within a period not exceeding 15 calendar days from their receipt. During said process, the contract will remain in force under the current terms, unless otherwise agreed in writing.
10. Confidentiality and Data
10.1. General Confidentiality Obligation:
The IB undertakes to maintain in strict confidentiality all technical, commercial, operational, financial, and any other information related to SCAP Broker LTD, its clients, operations, technology, platforms, or strategies, to which it has access directly or indirectly during the term of this contract.
10.2. Prohibition of Use and Transfer:
It is expressly prohibited for The IB to copy, disclose, sell, assign, share, or transfer, totally or partially, databases, leads, client records, contact information, or other sensitive data without the prior, express, and written authorization of The Broker.
10.3. Duration of the Confidentiality Obligation:
The confidentiality obligation will subsist even after the termination of this contract, and will remain in force for an additional period of three (1) years, unless a higher-ranking norm establishes a longer term.
10.4. Exceptions:
Disclosure of information that:
a) Is required by a competent judicial or administrative authority, by a duly founded order.
b) Is of public domain without The IB’s breach.
c) Is disclosed with The Broker’s written authorization.
will not be considered a violation of this clause.
10.5. Immediate Precautionary Measures:
In case of reasonable suspicion or verification of improper use, leakage, manipulation, or unauthorized transfer of confidential information by The IB or its associates, SCAP Broker LTD may adopt, without the need for prior judicial authorization, the following preventive measures:
Immediate suspension of The IB’s access to the systems, platforms, and communication channels of The Broker.
Freezing of pending commission or bonus payments until the incident is clarified.
Initiation of internal audit and investigation procedures.
Presentation of complaints before regulatory and judicial authorities according to the applicable jurisdiction.
10.6. Sanctions for Non-Compliance:
Non-compliance with this clause will be considered a serious offense and will lead to the immediate termination of the contract, as well as the enforceability of indemnities for damages, and the adoption of legal actions for violation of privacy, improper use of personal data, and reputational damage.
11. Intellectual Property
11.1. Ownership of Rights:
All content, brand, trade name, logo, software, platform, graphic design, educational, advertising, technical, audiovisual material, or tool developed or licensed by SCAP Broker LTD —including its subsidiary SCAP Broker (PTY) LTD— is and will remain the exclusive property of The Broker, protected by national and international intellectual property laws.
11.2. Limited Authorization:
During the term of this contract, The IB may use said assets only within the framework of its contractual relationship, exclusively for purposes of promotion, client acquisition, and development of activities aligned with this agreement. Any use outside this framework will require express, prior, and written authorization from The Broker.
11.3. Restrictions of Use:
The IB may not, under any circumstance:
a) Modify, alter, translate, or adapt the official contents of The Broker.
b) Use the SCAP brand or any derivation in web domains, social networks, personal trade names, unofficial materials, digital profiles, business cards, or private campaigns.
c) Register similar or confusingly similar names to SCAP Broker in any country or platform.
d) Distribute official material for purposes other than those authorized by the contract.
11.4. Reversal of Use and Cessation:
Upon termination of the contractual relationship, for any cause, The IB must immediately cease all use of the SCAP Broker brand and eliminate any related visual, digital, printed, or audiovisual reference, without the need for prior request from The Broker. Non-compliance will lead to civil, contractual, and regulatory sanctions.
11.5. Indemnity and Responsibility:
The IB will hold SCAP Broker LTD harmless against any claim, demand, or damage arising from unauthorized, improper, or misleading use of the company’s intellectual property.
12. Jurisdiction and Applicable Law
This contract will be governed primarily by the laws of the Republic of South Africa, as it is the jurisdiction where the financial entity SCAP Broker (PTY) LTD operates through the authorized provider LONG ASIA GROUP NZ (PTY) LTD, registered before the Financial Sector Conduct Authority (FSCA) with FSP No: 53197.
Complementarily, and depending on the nature of the act, the legal provisions of the following jurisdictions will also be applicable:
Saint Lucia, country of incorporation of SCAP Broker LTD, registered under number 2024-00126.
Canada (Ontario), in accordance with the corporate registration under the Ontario Corporation Number 1001249794, with domicile at 1270 Central Parkway West, Suite 102, Mississauga, Ontario, L5C4P4.
United States, by virtue of the registration as a Money Services Business (MSB) before the Financial Crimes Enforcement Network (FinCEN), under number 31000300983015, with registered address at 4800 Baseline Rd, Boulder, Colorado.
Canada, regarding regulatory compliance before the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), with an active onboarding process.
Any controversy related to the interpretation, execution, or termination of this contract may be submitted, as the case may be, to the competent courts in any of the aforementioned jurisdictions, considering the place of the facts, the entity involved, and the nature of the conflict.
12.1 Alternative Dispute Resolution
Before resorting to judicial proceedings, the parties undertake to attempt an amicable solution to any controversy arising from this contract. In case an agreement is not reached within a maximum period of 15 calendar days, the conflict will be submitted to a mandatory mediation process, directed by a conflict resolution center designated by SCAP Broker LTD, preferably based in South Africa, Canada, or Saint Lucia, depending on the contracting entity involved.
If mediation is unsuccessful, the conflict will be resolved through institutional arbitration, under the following conditions:
The arbitration will be administered by a recognized entity of the jurisdiction of SCAP Broker LTD, preferably the Arbitration Foundation of Southern Africa (AFSA), or its equivalent in Saint Lucia or Canada, at the exclusive choice of The Broker.
The language of the arbitration will be English.
The arbitral tribunal will be composed of one (1) sole arbitrator, appointed by the corresponding arbitral institution.
The seat of the arbitration will be the country where the Broker’s entity involved in the contractual relationship has its domicile (South Africa, Saint Lucia, or Canada).
The cost of the arbitration will initially be borne equally by both parties, but may be charged in its entirety to the losing party if the award so decides.
The IB accepts that, in case of non-compliance with this clause or its refusal to resort to arbitration, The Broker may initiate direct legal action in the jurisdiction of its choice, without needing to exhaust arbitration, and The IB expressly waives any objection regarding jurisdiction or territorial competence.
13. Licenses, Registrations, and International Regulations
SCAP Broker LTD and its operational subsidiary SCAP Broker (PTY) LTD act in accordance with various international jurisdictions, being duly registered and authorized to offer brokerage and financial intermediation services through technological platforms such as MetaTrader 5 (MT5). The applicable licenses, registrations, and regulatory frameworks are the following:
13.1 South Africa – Financial Sector Conduct Authority (FSCA)
The brokerage services, order execution, and access to trading platforms are provided by SCAP Broker (PTY) LTD, a company registered in South Africa under number 2023/572925/07, with domicile at 18 Cavendish Road, Claremont, Cape Town, Western Cape, 7708.
This entity operates under a financial license issued by the Financial Sector Conduct Authority (FSCA), acting as an authorized representative of the financial provider LONG ASIA GROUP NZ (PTY) LTD, registered with license number FSP No: 53197, in accordance with the Financial Advisory and Intermediary Services Act (FAIS).
13.2 United States – FinCEN (Financial Crimes Enforcement Network)
SCAP Broker LTD is duly registered as a Money Services Business (MSB) before the Financial Crimes Enforcement Network (FinCEN) of the United States Department of the Treasury, in compliance with the regulations of the Bank Secrecy Act (31 CFR 1022.380(a)-(f)), under MSB registration number: 31000300983015.
Registered address: 4800 Baseline Rd, Boulder, Colorado, USA.
13.3 Canada – FINTRAC (Financial Transactions and Reports Analysis Centre of Canada)
SCAP Broker LTD is also registered as an MSB before the Canadian regulator FINTRAC, under Incorporation Number 1001249794, with registered office at:
1270 Central Parkway West, Suite 102, Mississauga, Ontario, L5C4P4, Canada.
13.4 Saint Lucia – Legal Incorporation
SCAP Broker LTD is legally incorporated as a company in Saint Lucia, under registration number 2024-00126.
13.5 Declaration of Regulatory Compliance and Limitations
SCAP Broker and its associated entities rigorously comply with anti-money laundering (AML), counter-terrorism financing (CTF), personal data protection (GDPR/PIPEDA), and fair and transparent market practices in accordance with the regulatory requirements of each country.
The IB acknowledges that it must respect the following limitations and commitments:
Refrain from carrying out client acquisition campaigns in countries where trading services are prohibited or restricted, according to the updated lists of the FSCA, OFAC (Office of Foreign Assets Control), and other applicable international bodies.
It may not present The Broker as a financial advisor registered in Canada or the USA, nor guarantee profitability or investment protection.
It must comply with identity verification (KYC), risk analysis, and client monitoring processes in accordance with the tools provided by The Broker.
Any suspicious activity must be reported immediately to the compliance team of SCAP Broker LTD.
14. PAMM Accounts and Third-Party Capital Management
The IB may refer clients interested in participating in managed accounts (PAMM) exclusively under the following regulatory and operational conditions:
15.1. PAMM accounts will be under the management of independent traders, duly approved by SCAP Broker, who will be subject to a rigorous process of technical evaluation, documentary verification, and operational risk control.
15.2. Neither SCAP Broker nor The IB are authorized to:
Provide individualized financial advice,
Acquire or directly receive client funds,
Make promises of profitability or personalized recommendations.
15.3. All public communication or promotion related to PAMM accounts must visibly and clearly contain the mandatory legend:
“Past results do not guarantee future returns. All investment involves risk.”
15.4. Client participation in PAMM accounts will be conditioned on:
The express acceptance of the applicable Terms and Conditions,
The electronic signature of an informed consent, detailing the risks inherent to the collective investment model.
15.5. PAMM accounts will be available only in jurisdictions where this type of structure does not contravene local regulations and is compatible with SCAP Broker’s regulations, especially those of:
United States (FinCEN – MSB),
Canada (FINTRAC – MSB),
South Africa (FSCA – FAIS Act).
15.6. SCAP Broker reserves the right to suspend, restrict, or deny access to PAMM accounts in territories:
Qualified as high-risk jurisdictions,
Included in international sanctions lists (such as those published by OFAC, FATF, UN, or other competent bodies),
Where there are regulatory restrictions applicable to third-party capital management models.
15.7. Non-compliance with any of these conditions will be considered a serious violation of this contract, and will lead to the immediate termination of the contractual relationship, without prejudice to any legal actions or indemnities that may correspond to The Broker.
15. Commission Plan and SCAP Community
16.1 Community Model – SCAP Multi-Level Plan
In order to encourage the formation of a solid, transparent, and professional IB network, SCAP Broker LTD establishes a tiered commission system by levels, based on the lots traded by the direct and indirect referrals of The IB.
Commissions by Account Type and Level
Standard Account
Level
Description
Commission per Lot
Master IB
Direct Referrals
3.5 USD x lot
Sub IB
Second Level
1.5 USD x lot
Level 3 IB
Third Level
0.5 USD x lot
Level 4 IB
Fourth Level
0.5 USD x lot
ECN Account
Level
Description
Commission per Lot
Master IB
Direct Referrals
1.0 USD x lot
Sub IB
Second Level
0.5 USD x lot
Level 3 IB
Third Level
0.3 USD x lot
Level 4 IB
Fourth Level
0.2 USD x lot
PAMM Account
Level
Description
Commission per Lot
Master IB
Direct Referrals
2.0 USD x lot
Sub IB
Second Level
1.0 USD x lot
All commissions are paid monthly in arrears and are subject to validation against real and non-manipulated operational activity.
16.2 Production Bonuses for Accumulated Lots
Unique additional bonuses will be granted to IBs who accumulate the following volumes of lots generated by direct referrals:
Accumulated Lots
Unique Bonus USD
Recognition
100
10 USD
—
500
80 USD
—
1,500
150 USD
—
5,000
300 USD
—
10,000
500 USD
SCAP Recognition
20,000
1,000 USD
Trip with the SCAP team
Bonuses are paid only once for each goal achieved.
Lots are cumulative without expiration.
Applies only to direct referrals of the Master IB.
Clause 16.3 – Performance Commission in PAMM Master Profit Accounts
SCAP Broker LTD implements an exclusive commission scheme on the performance fee generated in PAMM accounts operated under the program called MASTER PROFIT, which has been enabled with an automated and personalized payment programming system for Commercial Partners (IB).
Under this scheme, the Commercial Partner may receive up to fifteen percent (15%) of the total performance fee generated by their direct and indirect community, in accordance with the level reached within the program and in accordance with the structured network model described in Annex VII – MASTER PROFIT Plan.
The commission will be settled only on the net profits effectively generated and collected in the MASTER PROFIT account, and its calculation will be carried out monthly under the parameters defined in the internal system of SCAP Broker LTD. Said system will allow the traceability of each hierarchical line and its respective percentage according to level and managed volume.
Exclusivity of the scheme
This commission scheme will only be applicable to the PAMM account designated as MASTER PROFIT. The rest of the PAMM accounts available within the SCAP Broker ecosystem are subject to independent agreements between the managers and their IBs, given that they have not established personalized programming mechanisms or integration into the automated commission distribution system.
Therefore, any economic benefit derived from other PAMM accounts must be negotiated directly between the parties involved, without intervention or responsibility of SCAP Broker LTD regarding its calculation, validation, or execution.
16.4 Penalty Clause for Non-Compliance with the CPA Lock
In the event that the referred client withdraws their deposit before the minimum period of 3 months required for CPA validation, it will be understood as a non-compliance with the program conditions by The IB if it influenced or induced such action.
Penalty:
SCAP Broker LTD reserves the right to deduct the equivalent value of the unconsolidated CPA commission from The IB’s future commissions or temporarily suspend access to community benefits and bonuses until the amount is restored.
16.5 Public Communication Rules of The IB
It is strictly prohibited for The IB to:
Make promises of guaranteed profitability.
Present itself as a financial advisor or investment manager.
Promote the use of PAMM accounts without detailing the risks and legal conditions.
Use unauthorized advertising, misleading language, or practices that compromise The Broker’s reputation.
Non-compliance with this clause will be considered a serious offense, and may lead to the immediate termination of the contract, as well as legal actions for reputational and regulatory damages.
17. Commercial Exclusivity Clause and Brand Use
17.1 Conditioned exclusivity
During the term of this contract, The IB undertakes to prioritize the representation and promotion of SCAP Broker LTD’s products and services within the designated territory, avoiding simultaneous relationships with brokers that offer identical or directly competitive products, unless prior written authorization from The Broker is obtained.
Said authorization will be granted on a case-by-case basis and only if:
It has been formally requested by The IB with at least 10 business days’ notice;
The type of collaboration does not directly or reputably affect the interests of SCAP Broker;
The event or third-party broker is not in active competitive conflict with SCAP Broker in the indicated territory.
17.2 Exclusivity in case of sponsorship or institutional support
When SCAP Broker LTD grants sponsorships, materials, institutional support, or partial or total financing for events organized by The IB (such as fairs, seminars, launches, or campaigns), The IB undertakes to grant exclusivity during said event or campaign in relation to The Broker’s products covered by said sponsorship.
This implies that:
It may not include or mention competing broker brands in the same event without prior authorization;
It may not share databases or leads generated with other brokers or third parties;
The advertising, visual, and discursive materials must be aligned with the institutional image of SCAP Broker.
17.2 The IB will act as data processor, in accordance with applicable data protection regulations (including, where appropriate, the General Data Protection Regulation – GDPR, PIPEDA – Canada, or local laws), and undertakes to collect, record, and transfer said information exclusively through the means authorized by SCAP Broker LTD, without retention or local copy.
17.3 The IB may not, in any case:
Use the database for personal or commercial purposes unrelated to the object of this contract.
Share, assign, sell, export, or transfer said information to third parties, even if they were acquired by it.
Contact leads outside the official channels of SCAP Broker, nor attempt to establish a direct or parallel relationship with them outside the Broker’s ecosystem.
17.4 Any improper use, extraction, reproduction, commercialization, or unauthorized processing of the data will be considered a serious offense, and will lead to:
Immediate termination of the contract.
Suspension of pending payments and benefits.
Possible civil, criminal, and/or administrative legal actions, both by The Broker and by the competent data protection authorities in the jurisdictions involved.
17.5 In case of controversy, it will be understood that the leads and contacts generated during sponsored events, joint campaigns, or under the name/brand of SCAP Broker, unequivocally belong to The Broker, regardless of the capture channel.
All information collected by The IB within the framework of its collaboration with SCAP Broker LTD, including but not limited to leads, contacts, personal data, activity records, or registration forms, will be considered the exclusive property of SCAP Broker LTD.
The IB acts solely as an authorized data processor, in accordance with Article 28 of the General Data Protection Regulation of the European Union (GDPR) and the provisions established by the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada.
Any use, extraction, duplication, assignment, commercialization, transfer, or storage of this information outside the platforms and security policies of The Broker, without express and written authorization, is prohibited.
Non-compliance with this provision will be considered a serious violation, and may lead to contractual sanctions, immediate termination of the contract, and legal actions in accordance with the data protection laws of the jurisdictions where SCAP Broker LTD operates, including the GDPR (EU) and PIPEDA.
6.3 Limited Post-Contractual Non-Compete
For a period of six (6) months after the termination of the contract, The IB undertakes not to:
Establish commercial agreements with competing brokers to acquire, contact, or reactivate clients who had been referred to SCAP Broker LTD during the contractual relationship;
Use databases, commercial strategies, discourses, or methodologies developed together with The Broker, to transfer clients to other intermediaries;
Present itself publicly as part or former official representative of SCAP Broker, in commercial activities related to said clients.
This commitment will be applicable only in relation to:
Active clients effectively referred by The IB;
Leads acquired under The Broker’s campaigns or platforms;
Information protected by current privacy and confidentiality policies.
Non-compliance with this clause will empower SCAP Broker LTD to undertake corresponding legal actions for unfair competition, improper use of confidential information, and commercial damages.
17. Penalties for Contractual Non-Compliance
In case of total or partial non-compliance with any of the obligations established in this contract by The IB, SCAP Broker LTD may impose, without prejudice to legal actions that may apply, one or more of the following corrective or sanctioning measures:
Immediate suspension of access to commissions, production bonuses, incentive programs, and internal tools provided by The Broker.
Early termination of the contract without right to economic compensation or payment of pending commissions, if the non-compliance directly or indirectly affects the reputation, operability, licenses, regulatory compliance, or continuity of The Broker.
Discount or retention of future commissions for a value equivalent to the economic damages generated. In case of quantifiable damages, SCAP Broker LTD may deduct up to a maximum amount of USD $5,000.
Permanent disqualification of The IB within the SCAP ecosystem, including exclusion from the community, revocation of affiliate codes, blocking of internal accounts, and prohibition of participation in future collaboration programs with SCAP Broker or associated companies.
Exercise of civil, commercial, and/or criminal actions before the competent authorities, in case the non-compliance results in reputational damage, improper appropriation of leads, unauthorized use of personal data, impersonation, public defamation, or fraud.
Communication of the non-compliance to other entities of the financial or brokerage ecosystem, when this constitutes fraudulent practices or violates commercial good faith.
18.1 Serious Offenses Considered
The following conducts by The IB will be considered serious offenses, among others:
Directly contacting leads generated by campaigns, fairs, events, or platforms sponsored by SCAP Broker LTD, without express authorization.
Using misleading language, false statements, or promises of profitability in its client acquisition activity.
Sharing, selling, storing, or manipulating client databases outside the authorized official channels.
Withholding client funds or acting as a financial intermediary without a license or authorization from The Broker.
Using the name, logo, brand, web domain, or visual identity of SCAP Broker without prior written authorization.
Participating in acts that violate data protection laws, intellectual property, or current KYC/AML regulations in the jurisdictions where SCAP Broker LTD operates.
18. Internal Conflict Resolution Mechanism
Before initiating any type of judicial, arbitral, or administrative action against SCAP Broker LTD, its subsidiaries, representatives, or associated brands, The IB undertakes to exhaust an internal conflict resolution process in order to preserve good faith, institutional reputation, and professional communication channels.
This process will include:
19.1 Formal Notification of Incident:
The IB must send a written and detailed communication to the Legal Department of SCAP Broker LTD through the official email indicated in this contract, stating the facts, the claim, and the grounds for its disagreement.
19.2 Evaluation and Response Period:
SCAP Broker LTD will have a maximum period of 15 business days to analyze, respond, and propose a solution to the conflict raised, which may include conciliation, technical review, commercial adjustment, reasonable compensation, or legal pronouncement.
19.3 Obligation of Private Channel:
During this period, The IB undertakes not to publish, disclose, or comment on social networks, media, public forums, or unofficial digital platforms any information related to the conflict. Public exposure of controversies without having exhausted this mechanism will be considered a serious offense and may lead to immediate termination of the contract and actions for reputational damage.
19.4 Voluntary Escalation:
If, after exhausting the private resolution channel, a satisfactory solution is not reached, both parties may agree to resort to private mediation or arbitration in a mutually accepted jurisdiction, before resorting to ordinary judicial instances.
19. Reputational Protection and The IB’s Right to Reply
SCAP Broker LTD recognizes the importance of the good name and professional image of its commercial partners, and undertakes not to issue public, internal, or external statements that may affect the reputation, credibility, or integrity of The IB without first granting it a prior right to reply, in accordance with the following procedure:
Formal Right to Reply:
Before any accusation, observation, or report that may compromise The IB’s image, SCAP Broker LTD must formally notify it in writing, granting a minimum period of five (5) business days for The IB to submit its discharges, explanations, or clarifications.
Mandatory Substantiation:
All communication that implies a reputational reproach must be duly substantiated by verifiable and documented facts. The dissemination of comments based on rumors, subjective interpretations, or unconfirmed reports will not be allowed.
Internal Resolution Procedure:
The parties undertake to process any reputational dispute confidentially, through the conflict resolution procedure established in this contract, without resorting to public media or social networks, unless there is a judicial order or legal requirement.
Reservation of Actions:
In case of non-compliance with this clause by SCAP Broker LTD, The IB reserves the right to demand the corresponding public rectification and, if necessary, to file the pertinent legal actions to safeguard its professional reputation.
20. Guarantee of Transparency and Access to Information
SCAP Broker LTD undertakes to guarantee The IB transparent, permanent, and verifiable access to all information related to its commercial management within the SCAP ecosystem. This guarantee includes, but is not limited to:
Complete traceability of referrals registered under its affiliate code.
Generation and accumulation of commissions by account type, lot, and level.
History of payments and transfers made to The IB.
Performance metrics, accumulated production, and network evolution.
Status and validation of bonuses, incentives, and CPA conditions.
Said information will be accessible in real time through the IB platform or CRM system that SCAP Broker makes available, in accordance with internal security and data protection protocols.
The IB will have the right to request reconciliations, audits, or clarifications regarding its financial information or referrals when there are reasonable inconsistencies detected in its dashboard. The Broker will have a maximum period of seven (7) business days to respond completely, accurately, and substantiated.
SCAP Broker LTD undertakes to resolve in good faith any divergence in the records through internal technical verification and commercial reconciliation mechanisms.
21. Protection Against Unilateral Changes
SCAP Broker LTD undertakes not to make substantial unilateral modifications to the economic conditions, commission model, eligibility criteria, operational limitations, or any other essential aspect of this contract without prior formal notice.
All modifications must be notified in writing to The IB with a minimum of thirty (30) calendar days’ notice, through the designated official channels (email, IB platform, or CRM).
During said period, The IB will have the right to:
Express its express acceptance of the new terms.
Or, terminate the contract voluntarily and without penalty, retaining the right to payment of commissions generated up to the effective termination date.
The silence of The IB during said period will not be considered tacit acceptance if the modifications represent a significant impact on its income, functions, or acquired rights.
SCAP Broker LTD will have the obligation to maintain an accessible digital file from the IB platform with the complete history of versions of this contract, with their respective effective dates and changes introduced, for the purpose of guaranteeing traceability, transparency, and evidentiary support against any future dispute.
All modifications must respect the principle of contractual balance, commercial good faith, and operational predictability, in accordance with the standards of the financial industry.
22. Participation in Expansion Strategies and Training
SCAP Broker LTD recognizes the strategic value of its IB network and, as such, grants The IB the right to voluntarily apply as a facilitator, exhibitor, brand representative, or collaborator in regional campaigns, international events, training sessions, bootcamps, trade fairs, or other activities promoted by The Broker.
The participation of The IB in this type of strategies will be subject to the following principles:
Voluntary application and prior approval by the management team of SCAP Broker LTD, based on performance, knowledge, public image, and professional conduct criteria.
Proportional remuneration or compensation when so established in the specific terms of the event, including per diems, payments for intervention, or performance bonuses.
Public recognition within the SCAP ecosystem, through mentions in media, social networks, IB platform, or official events, as part of the visibility and meritocracy program for community leaders.
Commitment to communication alignment, maintaining the image, discourse, and institutional guidelines of SCAP Broker LTD during any external participation.
SCAP Broker LTD reserves the right to define the agenda, required profiles, and terms of engagement for each activity, guaranteeing fair and transparent selection processes.
23. Internal Conflict Resolution Mechanism
Any controversy, claim, or disagreement that arises between The IB and SCAP Broker LTD in relation to the interpretation, application, or execution of this contract, must initially be processed through the Internal Conflict Resolution Mechanism (MIRM).
This committee will be composed of:
One (1) representative from the compliance or legal audit area.
One (1) delegate designated by the General Management of SCAP Broker LTD.
One (1) spokesperson from the IB community or, failing that, a neutral third party with knowledge of the SCAP ecosystem.
The committee will have a maximum period of fifteen (15) business days to issue a proposed solution, which will be binding if both parties accept it in writing.
In case an agreement is not reached within the foreseen period, the parties may resort to judicial or arbitral instances in accordance with the jurisdiction defined in clause 12 of this contract.
This internal procedure must be exhausted as a prior requirement for admissibility, unless there are facts that constitute:
Documented fraud,
Serious violation of local or international regulations,
Serious and imminent reputational damage to SCAP Broker LTD or to The IB.
24. Non-Discrimination and Equal Treatment Clause
SCAP Broker LTD undertakes to guarantee all its Commercial Partners (IBs) fair, equitable, and free treatment from all forms of discrimination, without distinction of race, ethnic or national origin, gender, sexual orientation, age, creed, political ideology, marital status, disability, educational level, migratory status, seniority in the network, volume of referrals, or level of commissions generated.
Any internal policy, operational procedure, or management action must be implemented based on objective, transparent, and measurable criteria, ensuring equal opportunities and access to the benefits, programs, campaigns, and development tools of the SCAP community.
Non-compliance with this clause may be reported to the Internal Conflict Resolution Mechanism, in accordance with Clause 23 of this contract.
25. Connection to Liquidity Markets and Operational Execution
SCAP Broker (PTY) LTD informs that its brokerage technological infrastructure is connected to global liquidity markets through institutional providers of international level, duly verified and authorized.
Thanks to this connectivity, clients access competitive market conditions and real-time execution through recognized platforms such as MetaTrader 5 (MT5), with high standards of stability, speed, and operational precision.
However, The IB acknowledges and accepts that order execution is subject to normal market conditions, which may be affected by external variables such as:
Extreme volatility of financial instruments.
Latency in telecommunications networks.
Client device capacity.
Liquidity availability at the time of order execution.
Consequently, SCAP Broker LTD does not guarantee perfect execution, free of slippage, interruptions, or delays, given that these phenomena depend on factors beyond its direct control.
This clause is for informational purposes only and does not constitute a promise of profitability, nor a contractual guarantee of immediate or uninterrupted execution.
26. Final Clause – Acceptance and Signature of the Contract
The parties declare that they have read, understood, and fully accepted the content of this contract, including its clauses, annexes, and complementary provisions, undertaking to comply with it in its entirety during its term.
This contract constitutes the only valid agreement between SCAP Broker LTD and The IB, replacing any prior verbal or written negotiation.
This contract is signed in two identical copies, in physical or digital format, both being equally valid for all legal purposes.
ANNEX I
Guidelines for External Communication of The IB
Version 1.0 – July 2025
SCAP Broker LTD, in order to preserve the integrity, reputation, and regulatory compliance of its international operation, establishes the following mandatory guidelines for all external communication carried out by its IBs (Introducing Brokers):
1. Identification and Brand
The IB must identify itself as “Authorized Introducing Broker of SCAP Broker LTD”, avoiding titles such as “official representative”, “SCAP financial consultant”, “partner”, or any expression that suggests a corporate, labor, or legal representation relationship.
Only official graphic material, logos, trade names, and content provided by SCAP Broker may be used.
2. Communication Limitations
The IB may not, in any communication channel (digital, in-person, or printed):
Offer or promise guaranteed returns, fixed income, or risk-free benefits.
Assure that trading with SCAP Broker is a secure source of passive income.
Publish manipulated, edited, or false screenshots for promotional purposes.
Use phrases such as:
“Earn $XXX without experience”
“Live off trading without risk”
“Safe and guaranteed investment”
“Infallible method to make money”
“SCAP pays you to trade”
Assure that SCAP Broker is authorized as a financial or investment entity before bodies such as the SEC (USA), IIROC (Canada), FCA (UK), or others, when this is not the case.
Omit the risk associated with trading in leveraged instruments.
All promotional content may be audited by SCAP Broker without prior notice.
3. Good Practices
The IB must include in all publications or presentations related to SCAP Broker:
Risk warnings such as:
“Trading with leveraged instruments involves significant risks. SCAP Broker does not guarantee results and does not provide personalized financial advice.”
Indicate that participation in PAMM accounts or challenges is 100% voluntary, does not represent collective investment, and that past results do not guarantee future returns.
Reinforce that SCAP Broker operates in regulated environments, under valid operating licenses, but does not offer direct investment products to the public without a prior onboarding process.
4. Responsibility
All publications made by The IB will be considered individual actions at its own risk, and may lead to:
Internal investigation.
Suspension or cancellation of the collaboration agreement.
Complaint to regulatory or judicial authorities if fraudulent acts, defamation, falsehood, or inducement to error are incurred.
ANNEX II
Guidelines for Operation, Bonuses, and PAMM Account Management
Version 1.0 – July 2025
1. Technical Definitions
PAMM Account (Percentage Allocation Management Module): a system by which a trader manages funds from multiple clients from a main account.
Master Profit: professional management model with automated development system and protocols for the IBs of this account manager.
Principal IB: the Introducing Broker who has signed an agreement for access to the PAMM program and is authorized to develop a structure.
2. Conditions for Participation in the PAMM Program
Eligibility requirements for managing traders (history, internal evaluation).
KYC and enhanced Due Diligence.
Structure of the contract between client – trader – broker (in case of using an external platform connected to MT5).
3. Advanced Commission Structure
Complete rules of the CPA program (per deposit), including limits, tracking, validation, and claims.
Performance scaling model (e.g., if The IB reaches 10,000 lots/month, it accesses a Revenue Share Program).
4. Rules on Incentives and Bonuses
Clear definition of terms: bonus, reward, non-recurring compensation.
Bonus approval process: documentation, review by the compliance area.
Responsibility of The IB for statements that may mislead regarding bonuses.
Bonuses do not constitute a contractual obligation or salary.
5. Contractual Penalties
Non-compliance with CPA requirements.
Improper advertising related to economic benefits (by The IB or its team).
Automatic deduction of future commissions for violation of the lock.
6. Technological Obligations
Mandatory use of the SCAP IB CRM for lead tracking.
Restriction of external monitoring platforms without prior authorization.
Prohibition of parallel collection/commission systems that do not go through the broker.
Under penalty of immediate suspension and complaint for improper use of brand.
7. Declaration of Knowledge
The IB declares having understood and accepted these guidelines and its responsibility for compliance, particularly with regard to CPA, PAMM, external communication, and ethical management of incentives.
ANNEX III
Additional Responsibilities and Commitments of The IB
Version 1.0 – July 2025
1. Commitment to Professional Dissemination of The Broker
The IB undertakes to use all its knowledge, experience, and professional networks in the field of brokerage and financial services to actively promote the products, services, and platforms offered by SCAP Broker LTD. This commitment includes participation in client acquisition activities, lead generation, and brand visibility in authorized channels.
2. Participation in Official Training and Talks
The IB agrees to actively participate in training, seminars, online or in-person training, and any type of specialized talk that The Broker organizes in order to improve the technical, regulatory, and commercial knowledge of its network of collaborators. Attendance will be mandatory if the event is classified as “official training” and will be notified at least 7 days in advance.
3. Limitation of Liability for Promotion Expenses
SCAP Broker LTD will not be responsible, in any case, for the payment or reimbursement of advertising expenses, client acquisition, space rental, in-person events, digital campaigns, travel, meetings, or any activity carried out by The IB or its community. However, The Broker may evaluate sponsorship requests if they are submitted at least 15 days in advance and include:
• Detailed budget of the event or campaign.
• Justification of the estimated impact (leads, conversions, engagement, etc.)
• Proposal for return in terms of brand exposure and user acquisition.
Approval is at the sole discretion of the SCAP Broker LTD management team, without constituting a recurring obligation.
4. Exclusivity over Leads and Clients Acquired in Sponsored Events
All data, leads, and clients generated as a result of events, fairs, presentations, or activities whose organization has been partially or totally sponsored by SCAP Broker LTD, will be considered exclusive property of The Broker. Violation of this clause may be considered improper appropriation and will be treated legally.
The IB undertakes to:
Not directly contact said leads through personal channels.
Not create parallel databases with information collected in said events.
Channel all information to The Broker’s official system for proper registration and management under the current privacy policy.
ANNEX IV
Restricted Jurisdictions for The IB’s Activities
Version 1.0 – July 2025
For the purposes of compliance with clause 8 of this contract, The IB is expressly prohibited from carrying out client acquisition, promotion, or marketing campaigns for The Broker’s services in any of the following countries or territories, considered high-risk, subject to international financial sanctions, or with express prohibitions on trading derivatives and forex:
1. Countries sanctioned by OFAC (Office of Foreign Assets Control – USA):
Iran
North Korea
Syria
Cuba
Russia (including the regions of Crimea, Donetsk, and Luhansk)
Venezuela (specific institutions and sectors under sanction)
Belarus
2. High-Risk Countries according to FATF (GAFI):
Myanmar (Burma)
Iran
North Korea
South Sudan
3. Jurisdictions with regulatory restrictions on trading derivatives or forex:
India (severe restriction on offshore derivatives)
Pakistan
Bangladesh
China (except Hong Kong and under certain conditions)
Malaysia (requires specific license)
Brazil (only authorized under CVM)
Indonesia
Nigeria (restrictions on promoters without local registration)
Afghanistan
Yemen
4. Jurisdictions on the FSCA watchlist or considered unstable for regulated operations:
Zimbabwe
Haiti
Central African Republic
Lebanon
Libya
Somalia
Important Notes:
This list is indicative and subject to change in accordance with updates from international bodies. The IB must periodically consult the official sources of the FSCA, OFAC, FATF, and other regulatory entities.
SCAP Broker LTD may update this list without prior notice, and it is The IB’s obligation to stay informed through the internal CRM panel or formal communications from The Broker.
Non-compliance with this annex constitutes a serious contractual offense.
ANNEX V
Data Protection Agreement and Processing Order
Version 1.0 – July 2025
Between:
SCAP Broker LTD, as Data Controller, and
[Name of The IB], identified with [document number or NIT], as Data Processor.
1. Purpose of the Annex
This Annex regulates the conditions under which The IB will process personal data to which it has access in the development of the main contract, guaranteeing compliance with international data protection regulations, including the General Data Protection Regulation (GDPR) of the European Union and the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada.
2. Purpose of Processing
The IB will process personal data solely and exclusively for:
The acquisition, registration, and monitoring of potential clients (leads).
The promotion of The Broker’s authorized services.
The management of requests, communication, and information authorized by SCAP Broker LTD.
3. Obligations of the Processor (The IB)
The IB undertakes to:
Process data only in accordance with The Broker’s documented instructions.
Guarantee the confidentiality, integrity, and availability of personal data.
Not transfer, sell, disclose, or use data for purposes other than those foreseen.
Implement appropriate technical and organizational measures to protect the data.
Collaborate with The Broker to respond to requests for the exercise of rights by data subjects (access, rectification, erasure, etc.).
Immediately report any security incident or data breach.
4. Sub-Processors
The IB may not delegate the processing of data to third parties without express and written authorization from The Broker.
5. Retention and Deletion
Upon termination of the contractual relationship or by express instruction from The Broker, The IB must delete or return all personal data, and certify in writing said destruction if requested.
6. Audits
SCAP Broker LTD may audit or request evidence of compliance with this annex. The IB undertakes to fully cooperate in such processes.
7. Responsibility
Any non-compliance with this clause that results in leaks, improper use, or violations of the rights of data subjects may lead to contractual, civil, or criminal sanctions, in accordance with applicable legislation.
ANNEX VI
Code of Conduct for Public Communications of The IB
Version 1.0 – July 2025
In order to safeguard the institutional reputation of SCAP Broker LTD, ensure professional coexistence within the SCAP ecosystem, and foster a transparent and responsible communication environment, the following mandatory rules are established for all public communication carried out by The IB:
1. Responsibility for Corporate Image
The IB acknowledges that it is a visible part of SCAP Broker LTD’s commercial network, and that its statements, publications, or comments may have a direct impact on the public perception of the brand. Consequently, it undertakes to:
Refrain from issuing judgments, qualifications, insinuations, or public statements that may damage, distort, or undermine the reputation, credibility, or integrity of The Broker.
Not disclose internal conflicts, contractual disagreements, or financial claims through social networks, public forums, media, or unofficial digital platforms.
2. Procedure for Communicating Dissatisfaction
All dissatisfaction, claim, or conflict must be communicated in writing to The Broker’s compliance department through the official channels, requesting a formal review and respecting the established times for its resolution.
Only in case these mechanisms are exhausted and more than 30 business days pass without an official response, may The IB resort to external conciliation mechanisms or legal instances, always within a framework of confidentiality and contractual respect.
3. Permitted Content on Social Networks
The IB may use its personal or professional social networks to share official promotional content, positive experience testimonials, or educational publications related to the SCAP ecosystem, provided that:
No logos, colors, names, or distinctive signs of SCAP are used without express authorization.
The brand and communication guidelines provided by SCAP Broker LTD are respected.
No claims are made about guaranteed financial performance, investment advice, assured economic benefits, or denigrating comparisons towards other brokers.
4. Sanctions for Infraction
Non-compliance with this Code may be considered a serious offense in accordance with clause 18 of the contract, and will lead to:
Immediate termination of the contractual relationship.
Suspension of access to commissions and benefits.
Eventual legal actions in case of defamation, reputational damage, or damage to The Broker’s corporate image.
ANNEX VII – MASTER PROFIT Program
This annex forms an integral part of the Collaboration Agreement as Commercial Partner (IB) of SCAP Broker LTD, and establishes the specific conditions of the performance-based commission model applicable exclusively to the PAMM account identified as MASTER PROFIT.
1. Program Description
MASTER PROFIT™ is a PAMM account configured with a personalized programming system for the automatic settlement of commissions on the performance fee. Only Commercial Partners (IB) who have a direct or indirect community linked to this account may receive commissions under this scheme.
2. Network Commission Scheme
Model
Level 1 – Direct
Level 2 – Indirect
Level 3 – Active Sub-network
Level 4 – Expansion
7%
2.5%
2.0%
1.5%
1.0%
9%
3.0%
2.5%
2.0%
1.5%
11%
3.5%
3.0%
2.5%
2.0%
13%
4.0%
3.5%
3.0%
2.5%
15%
5.0%
4.0%
3.0%
3.0%
3. Conditions for Activation and Permanence
Each level within the MASTER PROFIT™ program is activated according to the total volume of capital managed in the direct community. The commission percentage assigned will depend on the level reached and on monthly evaluation criteria defined by SCAP Broker LTD. In case the managed capital decreases, The IB will retain its level for a grace period of 1 calendar month.
4. Exclusivity of the Program
The commission scheme described herein is exclusive to the PAMM MASTER PROFIT™ account. Other PAMM accounts within SCAP Broker LTD are not integrated into the automated payment system and do not generate commissions under this annex, unless a specific agreement is formalized between the manager of said account and The IB.
Confirmation and Signature:
I declare that I have read, understood, and accepted these guidelines. I undertake to comply with them in all my communications as an IB of SCAP Broker LTD.
SIGNATURES
SCAP Broker LTD
Legal Representative: ____
Name: ____
Position: ____
Date: ____
IB (Introducer Broker)
Full Name: ____
Identification / Passport Number: ____
Registered Email: ____
Signature: ____
Date: ____
INCORPORATED ANNEXES (Integral part of the contract):
Annex I: Guidelines for External Communication of The IB
Annex II: Guidelines for Operation, Bonuses, and PAMM Account Management
Annex III: Additional Responsibilities and Commitments of The IB
Annex IV: Restricted Jurisdictions for The IB’s Activities
Annex V: Data Protection Agreement and Processing Order
Annex VI: Code of Conduct for Public Communications of The IB
Annex VII: MASTER PROFIT Program
LEGAL NOTE
This contract has been drafted in accordance with the applicable regulations in the jurisdictions where SCAP Broker LTD is registered and authorized, including South Africa (FSCA), United States (FinCEN), Canada (FINTRAC), and Saint Lucia.
The use of electronic signatures will be valid in accordance with the electronic commerce laws of said jurisdictions and the principles of international recognition of digital contracts.
This document is the property of SCAP Broker LTD. Its reproduction, modification, or distribution without express authorization will be prosecuted in accordance with international laws for the protection of contractual and reputational property.