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PROFIT-SHARING AGREEMENT

ACCOUNT MANAGEMENT

ERIC MWENDA CAPITAL

E M C
www.ericmwendacapital.com

This Profit-Sharing Agreement ("Agreement") is entered into on ___/___/_______, by and between:

Eric Mwenda Kiara ("Trader"), with an address at 759-60200, Kenya

- AND -

___________________________ ("Investor"), with an address at ____________________, Phone: ________________, Email: ________________.

Collectively, the Trader and Investor are referred to as the "Parties."

WHEREAS, the Investor wishes to provide funds for the Trader to manage and trade in a designated trading account;

WHEREAS, the Trader agrees to manage the trading account on behalf of the Investor under the terms set forth herein;

WHEREAS, the Parties agree to share the profits generated from the trading activities as outlined below.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. Scope of Agreement

1.1. Trading Account: The Investor shall provide a trading account with an initial capital of $1,000 ("Initial Capital") for the Trader to manage and trade in forex, cryptocurrencies, indices etc. at Scope markets LTD/ LiteFinance LTD/FXTM LTD or other brokers deemed fit.

1.2. Authority: The Trader is granted full discretionary authority to execute trades in the Account on behalf of the Investor, subject to the terms of this Agreement and any applicable laws or regulations.

1.3. Trading Strategy: The Trader shall employ their expertise and trading strategies to generate profits in the Account, adhering to reasonable risk management practices as mutually agreed upon.

2. Profit-Sharing Arrangement

2.1. Profit Definition: For the purposes of this Agreement, "Profits" shall mean the net gains in the Account after deducting all trading-related expenses, including but not limited to brokerage fees, commissions, taxes, and any other transaction costs, calculated on a two weeks period basis.

2.2. Profit Allocation: The Trader shall be entitled to 40% of the Profits generated from the trading activities in the Account. The Investor shall retain 60% of the Profits.

2.3. Losses: The Trader shall not be responsible for any losses incurred in the Account, provided the Trader acts in good faith and in accordance with this Agreement. The Investor bears the full risk of loss of the Initial Capital and any subsequent funds deposited into the Account.

2.4. Profit Distribution: Profits shall be calculated and distributed to the Parties on a one week basis, within two business days following the end of the calculation period. Payments shall be made via bank (I and M bank : 0110 4426 7461 50) transfer or M-pesa (+254748830323).

3. Capital Contributions

3.1. Initial Capital: The Investor shall deposit the Initial Capital into the Account prior to the commencement of trading activities.

3.2. Additional Contributions: The Investor may, at their discretion, deposit additional funds into the Account. Such contributions shall be subject to the same profit-sharing terms outlined in Section 2.

3.3. Withdrawals by Investor: The Investor may withdraw funds from the Account at any time, provided written notice is given to the Trader at least one business day in advance. Withdrawals shall not affect the Trader’s entitlement to their share of Profits earned prior to the withdrawal.

4. Term and Termination

4.1. Term: This Agreement shall commence on ___/___/______ and continue until terminated by either Party in accordance with this section.

4.2. Termination by Notice: Either Party may terminate this Agreement by providing one day’s written notice to the other Party.

4.3. Termination for Cause: Either Party may terminate this Agreement immediately upon written notice if the other Party:
• Breaches any material term of this Agreement and fails to cure such breach within two days of receiving written notice.
• Engages in fraudulent, illegal, or unethical conduct related to the trading activities.

4.4. Effect of Termination: Upon termination, the Trader shall cease all trading activities in the Account. Any Profits earned prior to termination shall be calculated and distributed in accordance with Section 2. The Investor shall retain full control of the Account and any remaining funds.

5. Duties and Responsibilities

5.1. Trader’s Duties: Manage the Account diligently and in good faith; Provide the Investor with regular reports on Account performance (profits, losses, trading activities) at least monthly; Comply with all applicable laws, regulations, and trading platform policies.

5.2. Investor’s Duties: Provide the Initial Capital and ensure the Account is adequately funded; Provide the Trader with necessary access and permissions; Promptly pay the Trader their share of Profits as outlined in Section 2.

6. Confidentiality

6.1. Both Parties agree to maintain the confidentiality of all information related to the Account, trading strategies, and financial arrangements under this Agreement, except as required by law or with the prior written consent of the other Party.

7. Risk Disclosure

7.1. The Investor acknowledges that trading in forex, cryptocurrencies, indices etc. involves a high degree of risk and may result in the loss of the entire Initial Capital. The Trader makes no guarantees regarding the performance of the Account or the achievement of Profits.

8. Indemnification

8.1. The Investor agrees to indemnify and hold harmless the Trader from any claims, losses, or liabilities arising from trading activities in the Account, except in cases of gross negligence, willful misconduct, or fraud by the Trader.

8.2. The Trader agrees to indemnify and hold harmless the Investor from any claims, losses, or liabilities arising from the Trader’s gross negligence, willful misconduct, or fraud.

9. Governing Law and Dispute Resolution

9.1. Governing Law: This Agreement shall be governed by and construed in accordance with the Kenyan contractual laws.

9.2. Dispute Resolution: Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the rules of Kenya. The prevailing Party shall be entitled to recover reasonable attorney’s fees and costs.

10. Miscellaneous

10.1. Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, whether written or oral.

10.2. Amendments: This Agreement may only be amended in writing signed by both Parties.

10.3. Severability: If any provision is found invalid, remaining provisions remain in full force.

10.4. Assignment: Neither Party may assign rights without prior written consent.

10.5. Notices: Delivered via email, phone messages or WhatsApp to the addresses provided above.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

PRE-AUTHORIZED

TRADER:

Name: Eric Mwenda Kiara

Eric Mwenda Kiara

Date: ___/___/_______

Address: 759-60200, Kenya

INVESTOR:

Name: __________________

[Pending Signature]

Date: ___/___/_______

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