Notice to Members
Notice No. 177
03/29/2007
Amendments to Exchange User License Agreement for NYMEX ClearPort Services
Expansion of Scope of Services to Include Dubai Mercantile Exchange™ as a Participating Exchange and the Decommissioning of NYMEX-Provided Front-End Trading Application and NYMEX-Provided Risk Allocation Value ("RAV") Risk Credit Filter for NYMEX ClearPort® Trading
  • NYMEX has amended the Exchange User License Agreement and its Schedules and Appendices (collectively, the "Agreement") to reflect the expansion of the scope of services to include Dubai Mercantile Exchange™ as a Participating Exchange.

  • In addition, the Agreement has been amended to reflect that, as of April 29, 2007, NYMEX, as part of NYMEX's efforts to increase the efficiency of its electronic trading systems, will:
    (1) no longer provide and will cease supporting a graphical user interface provided by the Exchange (the "NYMEX GUI") for trading purposes for NYMEX ClearPort® Trading ("CPT"); and

    (2) similarly no longer will provide and will cease supporting the RAV functionality for CPT.
    (A NYMEX-provided RAV filter will continue to be available for trades executed off-exchange that are submitted to the Exchange for clearing through NYMEX ClearPort® Clearing.)

  • A PDF file is attached with this notice that indicates all changes being made to the EULA from the electronic execution click-through version that is now in use on the Exchange’s website. The amended electronic execution version of the Agreement will be posted on the NYMEX website shortly and the amendments will automatically become effective on April 29, 2007. Clearing Members that (i) have executed the electronic execution version; (ii) already have FIX connectivity to CPT; and (iii) previously chose to skip RAV, need not re-execute the Agreement or any new Schedules to maintain that connection.

    CLICK HERE to view PDF file


  • As a courtesy to the NYMEX clearing member community, the Exchange has also allowed Clearing Members to execute the EULA manually. Clearing Members that have executed the manual execution version of the agreement will need to re-execute (a) the amended manual execution version of the Agreement, which will be distributed to them by the Exchange’s Office of General Counsel, prior to April 29, 2007.

  • More generally, as of April 29, 2007, all Users of CPT will need to have FIX-based connectivity to CPT (either through the User's own certified trading application or through a Clearing Member's or ISV's certified trading application) and Clearing Members must utilize a proprietary or ISV provided credit/risk system. In addition, Users that are not Clearing Members and previously chose to use RAV will need to execute the Primary Clearing Member Guarantee contained in Appendix 1 to Schedule A-2.
Please contact NYMEX Customer Service at 800-438-8616 if you have any questions or require any assistance in executing the appropriate documents.
Should you have any questions or require any further information, please contact exchangeinfo@nymex.com