Notice to Members
Notice No. 289 06/08/2007
Amendment of NYMEX "Exchange User License Agreement" ("EULA")
NYMEX's EULA, which governs the terms of access to various NYMEX ClearPort® services, including CPT, includes a form (Appendix 1 to Schedule A-2) that establishes a primary clearing member ("PCM") guarantee by a NYMEX Clearing Member for a client User and that User's FIX interface or connection to CPT. The Exchange has determined to amend the scope of the PCM guarantee under this form. The link below is to a PDF file that displays the amendments that have been made to this PCM form. The amendments are intended to clarify that, while the Clearing Member shall remain financially responsible for the transactions subject to its guarantee and responsible for clearing all such transactions, the Clearing Member shall not be responsible for other acts or omissions of the User and/or of the User’s User Agents related to the User and/or User Agent's use of CPT through the User's own FIX interface or connection. The User will continue to remain responsible at all times for its acts and omissions and for complying fully with the terms of the EULA and with Exchange rules, and, as applicable, the rules of a Participating Exchange, such as the Dubai Mercantile Exchange. Click here to view the amendments (in PDF format) As the amendment to this Exchange PCM form does not adversely affect the rights under the terms of the EULA of either the User or of its guaranteeing Clearing Member, the Exchange has further determined to make these amendments effective immediately. (As a note, the scope of the PCM guarantee form applicable to a Clearing Member's own FIX connection to CPT remains unchanged.) If you have any questions or concerns, please feel free to contact Customer Service at 800-438-8616.
Should you have any questions or require any further information, please contact exchangeinfo@nymex.com