Market Loss. When You instruct FideliTrade to place an order for your account, and FideliTrade executes that order, a binding contract is formed between You and FideliTrade. You will be in breach of that contract if FideliTrade suffers a Market Loss. FideliTrade incurs a Market Loss when your Buy Order or Sell Order is cancelled by FideliTrade or at your direction, and the price of your Buy Order is greater than FideliTrade’s Bid Price (or, in the case of a Sell Order, FideliTrade’s Ask Price is greater than the price of your Sell Order), at the time of the cancellation. You specifically authorize FideliTrade to charge your credit card, or apply any payment or debit to this Account or any other account that You maintain with FideliTrade or its affiliates, without prior notice to You, in order to recover a Market Loss that FideliTrade incurs due to a cancellation. You agree to reimburse FideliTrade for all costs, damages, penalties, interest, or liabilities incurred by FideliTrade due to a Market Loss. No additional Buy Orders or Sell Orders may be made until a market loss is paid in full. Any market gain on cancellations shall become due to and the property of FideliTrade, and You shall not be entitled to profit from such cancellations. Payment Methods. Payments may be made by a) cash; b) bank wire; c) cashier’s check; d) certified check; e) a personal check drawn on an account with sufficient available funds; f) credit card; or g) for Accumulation Plan purchases, by debiting an approved designated bank account that is active and has sufficient available funds. FideliTrade reserves the right to limit the dollar amount or the types of transaction associated with any of the above payment methods. For prearranged, automatic, ongoing periodic purchases associated with the FideliTrade Accumulation Plan, You may authorize FideliTrade to initiate debit entries to a bank account designated by You, provided that: a) the Bank in which the account is established is a member of NACHA; b) FideliTrade receives acceptable, signed instructions and a standing authorization from You enabling FideliTrade to initiate preauthorized recurring debit entries to such account; and c) FideliTrade has approved the account prior to executing a Buy Order on your behalf. FideliTrade may require ten (10) Business Days to approve your designated bank account. If a debit entry is returned unpaid, your participation in the Accumulation Plan may be suspended or revoked, and a return fee may be assessed.
Market Loss. Market Loss" shall mean the product of the number of shares sold by the Buyer (up to a maximum of 50% of the Shares purchased hereunder, such Shares hereinafter referred to as the "Protected Shares") within 90 days after, but not including, the Effective Date (the "Protected Period"), multiplied by the sum of the gross purchase price per Share received by the Buyer for such Shares sold in the Protected Period less the Fixed Price. Such Protected Shares shall only include to the first 50% of the Shares sold.
