Obsidian Indicators LLC Professional and Compliance Guidelines
The following is a summary of professional and compliance guidelines used by Obsidian Indicators LLC to determine whether or not to accept affiliates and/or affiliate products and services. This summary is NOT intended to provide any legal or compliance advice to you. The following guidelines are not intended to be exclusive and Obsidian Indicators LLC reserves the right, at any time, and for any reason, to reject an affiliate application for inclusion in the affiliate marketing service or discontinue participation in the affiliate marketing service.
Before any decision regarding acceptance into the affiliate marketing service is made, we will review all promotional materials (including but not limited to websites, videos, social media, online advertising, print advertising and emails) you provide us and we are aware of. We will consider how your promotional materials meet the following guidelines when evaluating whether we accept you into the affiliate marketing service.
Your promotional materials must
• Be professional in appearance
• Balance Risk versus Reward in any statements made
• Include all appropriate and required risk disclosures in same or similar style text as the primary
content that is easily visible. Examples can be found below under disclosures. Please note, these
disclosures may not meet the full burden of the various regulatory agencies. As such we suggest you consult with an expert to ensure compliance of your promotional materials. It is your responsibility to understand if NFA or CFTC registration is required.
o General Risk Disclosure
o Hypothetical Performance Disclosure
o Testimonial Disclosure
o Live Trade Room Disclosure
Your promotional materials may not
• Reference services provided by NinjaTrader Brokerage, an NFA registered introducing broker
(NFA #0339976) which is an affiliate company to NinjaTrader or state that any relationship
exists with NinjaTrader Brokerage
• Be likely to deceive the public
• Contain any material misstatement of fact
• Mention the possibility of profit unless accompanied by an equally prominent statement of risk
or loss
• Include any reference to actual past trading profits without mentioning that past performance
is not necessarily indicative of future results
• Contain any performance information, either real or hypothetical, that has not been updated at
least once every 90 days to remain current and relevant to the current market environment
• Include any specific numerical or statistical information about the past performance of any
actual accounts (including rate of return)
o Unless such information is and can be demonstrated to NFA to be representative of the
actual performance for the same time period of all reasonably comparable accounts
o In the case of rate of return figures, unless such figures are calculated in a manner
consistent with CFTC Regulation 4.25(a)(7) for commodity pools and with CFTC Regulation
4.35(a)(6), as modified by NFA, (6)
• Make guarantees of profit or success of any kind. No exaggerated or absolute statements or
claims can be used. Words including, but not limited to: “guaranteed,” “insured,” “best in the
world,” “best in the industry,” “world-class,” “outstanding,” “greatest,” “highest,” “finest,”
“unreal,” “magnificent,” “stellar,” “momentous,” “dominant,” “matchless,” “unsurpassed,”
“unparalleled,” “unprecedented,” “unrivaled,” “successful,” “profitable,” etc., or “90% success
rate,” “predict,” and similar types of numeric statements, are viewed as unfavorable. The word
“will” being used instead of “may” or “could” when describing possible future results.
• Include statements that are presented as fact unless it can be proven that information is an
indisputable fact. Statements of opinion must be presented as such
• Mischaracterize our relationship to NinjaTrader such as but not limited to “approved”,
“certified”, “premium” or “partner”
• State or imply that NinjaTrader endorses or recommends, or has endorsed or recommended,
any of our products or services.
• State, or imply, that simulated historical test results are the same as actual past results.
Hypothetical performance based on simulated trading must be clearly marked as such, and
include a Hypothetical Performance Disclosure. Hypothetical results may not be used when
more than three months of actual results are available. Supporting documentation that refers
to simulated or hypothetical results should also contain a Hypothetical Performance
Disclosure. Information presented must be updated on a regular basis. You may not use
outdated information.
• Include testimonials without being accompanied by a prominent disclosure stating that the
testimonial may not be representative of the experience of other clients or customers, is not a
guarantee of future performance or success, and, if applicable, the testimonial has been paid
for.
• Include video content or chart images without being accompanied by relevant Risk Disclosures
and Hypothetical Performance Disclosures
• Disclosures must be presented visually at the beginning of any video materials
• If in the description of your product or service you mention the NinjaTrader platform or that the
product is designed to work with a specific platform feature, the following must be included
prominently on the page where it is said:
o “NinjaTrader® is a registered trademark of NinjaTrader Group, LLC. No NinjaTrader
company has any affiliation with the owner, developer, or provider of the products or
services described herein, or any interest, ownership or otherwise, in any such product or
service, or endorses, recommends or approves any such product or service.”• Any and all product names, trade names, trademarks or service marks you use must be owned
by you and not infringe the name or mark of any other person or entity
Any required risk disclosures should be included in same or similar style text as the primary
content that is easily visible. Hyperlinks may be used in addition to, but not in place of, the
prominent disclosure text. Following is a partial listing of items that should include an
appropriate risk disclosure.
o All website pages
o All videos
o All social media – A risk disclosure link must be in the profile description (Example – Risk
Disclosure)
▪ StockTwits
▪ Vimeo
o All online advertising
o All print advertising
o All emails sent and received
o All promotional materials
The following are examples of disclosures. Please consult with the NFA/CFTC for further information.
Jump to – Refund Policy
Risk Disclosure
Futures and forex trading contains substantial risk and is not for every investor. An investor could
potentially lose all or more than the initial investment. Risk capital is money that can be lost without
jeopardizing ones’ financial security or life style. Only risk capital should be used for trading and
only those with sufficient risk capital should consider trading. Past performance is not necessarily
indicative of future results.
Hypothetical Performance Disclosure
Hypothetical performance results have many inherent limitations, some of which are described
below. No representation is being made that any account will or is likely to achieve profits or losses
similar to those shown; in fact, there are frequently sharp differences between hypothetical
performance results and the actual results subsequently achieved by any particular trading
program. One of the limitations of hypothetical performance results is that they are generally
prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial
risk, and no hypothetical trading record can completely account for the impact of financial risk of
actual trading. for example, the ability to withstand losses or to adhere to a particular trading
program in spite of trading losses are material points which can also adversely affect actual trading
results. There are numerous other factors related to the markets in general or to the
implementation of any specific trading program which cannot be fully accounted for in the
preparation of hypothetical performance results and all which can adversely affect trading results.
Testimonial Disclosure
Testimonials appearing on this website may not be representative of other clients or customers and
is not a guarantee of future performance or success.
Live Trade Room Disclosure
This presentation is for educational purposes only and the opinions expressed are those of the
presenter only. All trades presented should be considered hypothetical and should not be expected
to be replicated in a live trading account.
Virtual Currency Disclosure
View CFTC advisories as they contain more information on the risks associated with trading virtual
currencies.
LEGAL DISCLAIMER: Obsidian Indicators LLC does not provide investment or financial advice in any form
and is not a broker. The viewers who access the
Site should verify all claims and do his/her own research and due diligence before investing in any
options or underlying securities mentioned and are urged to confirm that data with the specific issuing
Company. Obsidian Indicators LLC will not be liable to any person or entity for the quality, accuracy,
completeness, or reliability of any investment or informational source. You fully understand that
NinjaTrader® is a registered trademark of NinjaTrader Group, LLC. No NinjaTrader company has any affiliation with the owner, developer, or provider of the products or services described herein, or any interest, ownership or otherwise, in any such product or service, or endorses, recommends or approves any such product or service
Obsidian Indicators LLC encourages its visitors to invest carefully and read the investor information
available on the websites of the Securities and Exchange Commission (“SEC”) at www.sec.gov and/or
the National Association of Securities Dealers (“NASD”) at www.nasd.com. The information is for
entertainment purposes only and is not intended to provide trading, investment, tax or legal advice. You
are responsible for your own investment and decisions, which you should obtain from your professional
advisor prior to making any trade or investment of the type discussed or posted on here.
You are paying for an entertainment service showing you the traders’ personal system of investment. All
the traders’ investment strategies may not be suitable for your time horizon, investment goals or risk
profile.
BE ADVISED: By subscribing to the Private Investing Club or purchasing IndicatorPro, or any other
product from Obsidian Indicators you expressly agree to the above disclaimer and the following terms. You will not hold the
Obsidian Indicators LLC, it’s traders or anyone associated to any damages or potential losses you may
incur in your investment portfolio. You are highly encouraged to “paper trade” the system in order to
determine the suitability of your investment profile.
EARNINGS DISCLAIMER: EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND ITS POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES, IDEAS OR PRODUCTS PRESENTED ON OUR WEBSITE. EXAMPLES ON OUR WEBSITE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAN ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
Terms of Use: Your use of this educational website indicates your acceptance of these disclaimers. In addition, you agree to hold harmless the publisher and instructors personally and collectively for any losses of capital, if any, that may result from the use of the information. In other words, you must make your own decisions, be responsible for your own decisions and trade at your own risk. Any opinions, news, research, analysis, prices, or other information contained on this website or any other material or teaching provided by Obsidian Indicators LLC and associated companies or employees is provided as general market commentary, and does not constitute investment advice or a solicitation to buy or sell any foreign exchange contract, contract for difference or securities of any type – It does not take into account your personal circumstances, please do not trade or invest based solely on this information. By viewing any material or using the information within this site you agree that this is general education material and you will not hold any person or entity responsible for loss or damages resulting from the content or general information provided here by ObsidianIndicators LLC, its employees, directors or fellow members. Futures, options, and spot currency trading have large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures, foreign exchange and options markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures, spot forex, cfd’s, options or other financial products. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed in any material on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. For the avoidance of any doubt, Obsidian Indicators LLC and any associated companies, or employees, do not hold themselves out as Commodity Trading Advisors (“CTAs”). Given this representation, all information and material provided by Obsidian Indicators LLC and any associated companies, or employees, is for educational purposes only and should not be considered specific investment advice.
All information on this website or any product purchased from this website is for educational and research purposes only and is not intended to provide financial advice. Any statement about profits or income, expressed or implied, does not represent a guarantee. This training website is neither a solicitation nor an offer to Buy/Sell options, futures or securities. No representation is being made that any information you receive will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. Please use common sense. Get the advice of a competent financial adviser before investing your money in any financial instrument.
TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use
of https://obsidianindicators.com & (the “Site”). This Site is owned and operated by Obsidian Indicators LLC This Site is an e-commerce website.
By using this Site, you indicate that you have read and understand these Terms and
Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE
THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE
READ IT CAREFULLY.
Intellectual Property
. This includes, but is not limited to images, text, logos, documents,
downloadable files and anything that contributes to the composition of our Site.
User Contributions
Users may post the following information on our Site:
Photos;
Videos; and
Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and
Conditions.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account,
including passwords or sensitive information attached to that account; and - All personal information you provide to us through your account is up to date, accurate, and
truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally
or if you violate these Terms and Conditions.
These Terms and Conditions apply to all the goods and services that are displayed on our
Site at the time you access it. This includes all products listed as being out of stock. All
information, descriptions, or images that we provide about our goods and services are as
accurate as possible. However, we are not legally bound by such information, descriptions,
or images as we cannot guarantee the accuracy of all goods and services we provide. You
agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If
we cancel your order and have already processed your payment, we will give you a refund
equal to the amount you paid. You agree that it is your responsibility to monitor your
payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or
accuracy of goods and services made available by third parties on our Site.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the
goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any
goods and services sold by users on our Site. However, if we are made aware that a user is
violating these Terms and Conditions, we reserve the right to suspend or prohibit the user
from selling goods and services on our Site.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive
notification that you want to cancel the subscription.
Payments
We accept the following payment methods on our Site:
Credit Card;
PayPal;
Stripe;
Debit; and
Direct Debit.
When you provide us with your payment information, you authorize our use of and access to
the payment instrument you have chosen to use. By providing us with your payment
information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve
the right to cancel or reverse your transaction.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be
excluded, these Terms and Conditions will not limit your legal rights and remedies under that
legislation. These Terms and Conditions will be read subject to the mandatory provisions of
that legislation. If there is a conflict between these Terms and Conditions and that legislation,
the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We
are not responsible for the content, policies, or practices of any third party website or service
linked to on our Site. It is your responsibility to read the terms and conditions and privacy
policies of these third party websites before using these sites.
Limitation of Liability
Obsidian Indicators LLC and our directors, officers, agents, employees, subsidiaries, and affiliates
will not be liable for any actions, claims, losses, damages, liabilities and expenses including
legal fees from your use of the Site or Software.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Obsidian Indicators LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any
actions, claims, losses, damages, liabilities and expenses including legal fees arising out of
your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Commonwealth of
Pennsylvania.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Obsidian Indicators LLC are unable to resolve any dispute through informal discussion, then you and Obsidian Indicators LLC agree to submit the issue first before a non-binding mediator and to an
arbitrator in the event that mediation fails. The decision of the arbitrator will be final and
binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Obsidian Indicators LLC.
Notwithstanding any other provision in these Terms and Conditions, you and Obsidian Indicators LLC agree that you both retain the right to bring an action in small claims court and to
bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be
inconsistent or invalid under applicable laws, those provisions will be deemed void and will
be removed from these Terms and Conditions. All other provisions will not be affected by
the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain
compliance with the law and to reflect any changes to the way we operate our Site and the
way we expect users to behave on our Site. We will notify users by email of changes to these
Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Intellectual Property
All content published and made available on our Site is subject to the terms listed on this page. This includes, but is not limited to images, text, logos, documents, downloadable files and
anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site;
Act in any way that could be considered fraudulent; or
Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we
reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take
any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
Photos;
Videos; and
Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Accounts
When you create an account on our Site, you agree to the following:
REFUND AND SALES POLICY
All sales are final and non-refundable. If you have any questions please contact us before completing a purchase.
If you sold a product as an affiliate and that sale has been refunded, disputed, or we received a chargeback we can not credit you for the sale.
Product licenses can only be used on the purchaser’s computer/computers. Extra product licenses cannot be given away for free or resold. Our goal is to continually improve all of our products in performance, compatibility, and new features!
Subscriptions and Leasing
Your subscription automatically renews and you will be automatically billed until we receive
notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps:
Navigate to the my account page, select subscription, then click cancel on the product that you wish to cancel
https://obsidianindicators.com/index.php/my-account/subscription/
Free Trial
We offer the following free trial of our goods: A free trial to the product that they chose.
At the end of your free trial, the following will occur: You will automatically be billed our monthly
subscription/lease rate. If you do not want to be billed, you will need to cancel your subscription/lease
before your free trial ends.
To cancel your free trial, please follow these steps:
Navigate to the my account page, select subscription, then click cancel on the product that you wish to cancel
https://obsidianindicators.com/index.php/my-account/subscription/
Payments
We accept the following payment methods on our Site:
Credit Card;
PayPal;
Debit;
Direct Debit; and
Stripe or other form of payment.
When you provide us with your payment information, you authorize our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you
authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to
cancel or reverse your transaction.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these
Website Terms and Conditions Page 10 of 11
Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms
and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict
between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will
apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not
responsible for the content, policies, or practices of any third party website or service linked to on our
Site. It is your responsibility to read the terms and conditions and privacy policies of these third party
websites before using these sites.
Limitation of Liability
Obsidian Indicators LLC and our directors, officers, agents, employees,
subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and
expenses including legal fees from your use of the Site or Software.
Indemnity
Except where prohibited by law, by using this Site or Software you indemnify and hold harmless Obsidian Indicators LLC and our directors, officers, agents, employees, subsidiaries, and affiliates
from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of
your use of our Site, Software, or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Commonwealth of Pennsylvania.
Additional Terms
All Products are non-refundable.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent
or invalid under applicable laws, those provisions will be deemed void and will be removed from these
Terms and Conditions. All other provisions will not be affected by the removal and the rest of these
Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with
the law and to reflect any changes to the way we operate our Site and the way we expect users to behave
on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on
our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(570) 733-4208
[email protected]
Obsidian Indicators 99 Wall Street Suite #2655 New York, NY 10005
You can also contact us through the feedback form available on our Site.
Effective Date: 10th day of February, 2023