Trader Program Agreement

This SURGEOPTIONS TRADER PROGRAM AGREEMENT (this "Agreement") is entered into by and between:

• SURGE TECHNOLOGIES LLC, a Wyoming limited liability company, located at 30 N Gould St Ste R Sheridan, WY 82801, doing business as "SurgeOptions" ("SurgeOptions", "Firm", "we", "us", or "our"); and
• The individual whose details are provided during online registration ("Trader", "you", or "your").

SurgeOptions and Trader may be referred to individually as a "Party" and collectively as the "Parties".

BY CLICKING "I AGREE", ELECTRONICALLY SIGNING, OR BY ACCESSING OR USING ANY SURGEOPTIONS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

1. PURPOSE AND PROGRAM STRUCTURE

1.1 Purpose

SurgeOptions operates a proprietary trading evaluation and funding program (the "Program") under which qualified traders may:

• participate in simulated or paper-trading evaluation accounts to demonstrate trading skill and risk discipline ("Evaluation Accounts"); and
• upon meeting specified rules and objectives, become eligible to trade options with real capital in accounts funded by, or on behalf of, SurgeOptions ("Funded Accounts" or "Live Accounts").

1.2 Nature of Relationship

This Agreement sets forth the terms under which you may access the Program. You are an independent contractor, not an employee, partner, agent, or representative of SurgeOptions. Nothing in this Agreement creates an employer–employee relationship, partnership, or joint venture.

1.3 No Brokerage / Advisory Services

SurgeOptions is not acting as your broker, financial advisor, investment advisor, or fiduciary, and does not execute trades on your personal brokerage account. Execution and clearing for Program accounts may be provided by one or more third-party brokers, dealers, or technology providers (collectively, "Execution Partners"). Any trading you perform under the Program is done in accounts controlled by, or on behalf of, SurgeOptions or its affiliates, not in your personal brokerage account.

2. DEFINITIONS

For purposes of this Agreement:

3. PROGRAM TIERS AND RULES

3.1 Evaluation Accounts

(a) Subscription-Based Evaluation.

Evaluation Accounts are typically offered on a recurring subscription basis (for example, approximately US$49.99 per month for certain 50K evaluation tiers), as stated on the SurgeOptions website at the time of purchase.

(b) Objectives.

To successfully complete an Evaluation Account, you must satisfy the then-current Program Rules and objectives applicable to your chosen evaluation tier. These may include, without limitation:

• achieving the specified profit target (e.g., $2,500 for 50K Evaluation);
• completing at least 7 winning days with positive net realized P&L each;
• closing all open positions before evaluation completion;
• complying with the 4% real-time trailing drawdown limit (which continues trailing with your account growth and is monitored continuously);
• closing all positions expiring on the current trading day by 4:00 PM Eastern Time (swing trading, overnight holding, and weekend holding of non-expiring positions is allowed);
• complying with product limitations, position limits, and trading hours; and
• avoiding any Prohibited Conduct (as defined below).

(c) Passing Requirements.

To pass an Evaluation Account and become eligible for a Funded Account, you must: (1) reach or exceed the profit target, (2) complete at least 7 winning days, (3) have all positions closed, and (4) not have violated any trading rules including the drawdown limit and position closure requirements.

(d) Swing Trading.

Swing trading (holding positions throughout the trading day) is permitted. Overnight holding and weekend holding are also allowed. However, any positions expiring on the current trading day must be closed by 4:00 PM Eastern Time.

(e) Real-Time Trailing Drawdown.

The Program uses a real-time trailing drawdown. The drawdown limit (4% or $2,000) trails continuously as your account grows, meaning your maximum loss floor rises with your gains. The drawdown does NOT lock and continues to trail with you throughout the account lifetime. A breach of the Drawdown Limit is measured in real-time during trading hours, not just at end-of-day. Your account balance is monitored continuously, and any breach during trading hours will result in immediate account closure. SurgeOptions' calculations and records shall be final and binding.

3.2 Pre-Funded and Funded Accounts (Live Accounts)

(a) Pre-Funded Stage.

Upon completion of the Evaluation Account and payment of any applicable Activation Fee, you may be granted access to an intermediate, pre-funded, or pseudo-funded stage (if applicable) with specific payout caps and risk parameters, as described in the Program Rules.

(b) Transition to Live Account.

After meeting the requirements detailed in the Program Rules (for example, successfully requesting and receiving a specified number of payouts), you may be transitioned to a Live Account trading real capital with a Profit Split (80% Trader / 20% Firm).

(c) Daily / Weekly Payout Eligibility.

Eligibility for payouts will be governed exclusively by the applicable Program Rules, which may specify:

• the minimum number of Winning Days (minimum 7 with positive net realized P&L each);
• payout caps per request or per period;
• the timing and method of payout requests (3-5 business days to process); and
• the impact of payouts on Drawdown Limits and account balances.

3.3 Instant Funding Accounts

(a) Instant Funding Products.

SurgeOptions may offer Instant Funding Accounts whereby, upon payment of an upfront fee, you gain access to an account with predefined size, drawdown, and payout rules without first completing the standard evaluation objectives.

(b) Applicability of Rules.

Instant Funding Accounts remain fully subject to this Agreement and the Program Rules, including risk limits and Prohibited Conduct restrictions.

3.4 Publication and Updates to Program Rules

(a) Publication.

The specific numerical values for account sizes, profit targets, drawdown limits, Winning Day minimums, payout caps, and other quantitative parameters (collectively, "Program Parameters") will be published on the SurgeOptions website, Dashboard, or applicable product page.

(b) Updates.

SurgeOptions may modify Program Rules and Program Parameters from time to time, with or without prior notice, and such changes shall become effective when posted. Your continued use of any Account after such changes are posted constitutes your acceptance of the updated Program Rules.

4. FEES, PAYOUTS, AND TAXES

4.1 Evaluation and Activation Fees

(a) Non-Refundable. All Evaluation Fees, Activation Fees, and Instant Funding fees are typically non-refundable, except as may be expressly stated in our written refund policy (if any) or required by applicable law.

(b) Promotions. Any promotional pricing applies only as expressly stated on the SurgeOptions website or promotional materials and may be modified or withdrawn at any time.

4.2 Payouts to Trader

(a) General. Subject to compliance with this Agreement and the Program Rules, you may be eligible to receive a share of net trading profits generated in your Funded Account or other qualifying Account.

(b) Profit Split. The applicable Profit Split (80% Trader / 20% Firm on Live Accounts) and any payout caps or minimums will be specified in the Program Rules.

(c) Method and Timing. Payouts will be processed via the payment method(s) supported by SurgeOptions at the time of the payout request. All payout requests take 3-5 business days to process.

(d) Payout Reviews. SurgeOptions may review any Account activity prior to processing a payout to ensure compliance with Program Rules.

4.3 Chargebacks and Offsets

(a) Chargebacks. If you initiate or cause any chargeback, reversal, or dispute of fees paid to SurgeOptions, SurgeOptions may:

• suspend or terminate your Accounts;
• offset the amount of such chargeback from any payouts; and/or
• seek recovery and damages as permitted by law.

(b) Setoff. SurgeOptions may set off any amounts you owe against any amounts we owe you, including payouts.

4.4 Taxes

(a) Trader Responsibility. You are solely responsible for all taxes, duties, and governmental charges arising out of payouts or compensation you receive under this Agreement.

(b) Reporting. SurgeOptions may report compensation and payouts as required by applicable tax laws and may withhold taxes where required by law.

5. TRADING RULES AND PROHIBITED CONDUCT

5.1 Compliance with Program Rules

You agree to strictly abide by all Program Rules, including without limitation:

• 4% real-time trailing drawdown limit (trails continuously, monitored in real-time during trading hours, does not lock);
• Minimum 7 winning days with positive net realized P&L each;
• Position size and contract limits;
• Permitted products and symbols;
• Swing trading, overnight holding, and weekend holding are permitted;
• All positions expiring on the current trading day must be closed by 4:00 PM ET.

5.2 Prohibited Conduct

You agree not to engage in any of the following ("Prohibited Conduct"):

• use of latency arbitrage, quote stuffing, or any strategy designed to exploit delays or technology glitches;
• collusive trading or coordinated trading to manipulate prices or game the Program;
• use of external accounts to hedge or create risk-free arbitrage;
• high-frequency or algorithmic trading that overloads trading infrastructure;
• account sharing or allowing any other person to trade your Account;
• use of stolen identities or false information;
• exploitation of any bug, error, or vulnerability;
• any trading deemed unrealistic or abusive; or
• any activity that violates applicable law.

5.3 Consequences of Rule Violations

(a) Remedial Actions. If SurgeOptions determines you have violated any Program Rule or engaged in Prohibited Conduct, it may:

• void some or all trades;
• reduce, withhold, or cancel payouts;
• terminate or reset your Account;
• deny or revoke Funded Account status; and/or
• permanently ban you from the Program.

(b) Finality. SurgeOptions' determinations based on its records and platform logs shall be final and binding absent manifest error.

6. PLATFORM ACCESS AND DATA

Trading access may be provided through third-party platforms. You agree to comply with all such providers' terms of use. While SurgeOptions endeavors to provide reliable access, we do not warrant continuous or error-free operation.

All intellectual property in the Program, including the SurgeOptions name, logos, website content, Dashboard design, and proprietary evaluation models, are owned by SurgeOptions or its licensors.

7. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

• you are at least 18 years of age;
• all information you provide is true, accurate, and complete;
• you are not subject to any sanctions or restrictions;
• you understand the speculative nature and high risk of options trading;
• you have sufficient knowledge and experience in financial markets; and
• your participation does not violate any law or obligation.

8. RISK DISCLOSURE AND NO ADVICE

Options trading involves substantial risk and is not suitable for all investors. Losses can exceed initial amounts and may occur rapidly.

Nothing in the Program constitutes investment, legal, tax, or accounting advice. You are solely responsible for your trading decisions.

9. TERM, SUSPENSION, AND TERMINATION

This Agreement commences upon your acceptance and continues until terminated. You may terminate at any time by ceasing use and providing written notice. SurgeOptions may suspend or terminate your Accounts at any time, with or without cause.

Upon termination, you must immediately cease all use. Sections on Fees, Trading Rules, Representations, Risk Disclosure, Limitation of Liability, Indemnification, and Miscellaneous shall survive termination.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURGEOPTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

SurgeOptions' aggregate liability shall not exceed the greater of: (a) the total fees paid by you in the three (3) months immediately preceding the event; or (b) US$1,000.

SurgeOptions shall not be liable for market volatility, platform outages, connectivity issues, data feed errors, or order routing failures.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SurgeOptions and its affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Program, your trading activity, your breach of this Agreement, or your violation of any applicable law.

12. MISCELLANEOUS

12.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-law principles.

12.2 Dispute Resolution; Arbitration

Any dispute arising out of or related to this Agreement shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in Sheridan, Wyoming. The Parties waive any right to a jury trial.

12.3 Class Action Waiver

To the fullest extent permitted by law, disputes shall be resolved only on an individual basis and not as a class, collective, or representative action.

12.4 Assignment

You may not assign this Agreement without SurgeOptions' prior written consent. SurgeOptions may assign this Agreement to an affiliate or successor without your consent.

12.5 Entire Agreement

This Agreement, together with the Program Rules, constitutes the entire agreement between the Parties and supersedes all prior understandings.

12.6 Amendments

SurgeOptions may modify this Agreement by posting an updated version on its website. Continued participation constitutes acceptance.

12.7 Severability

If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.8 Electronic Signatures and Communications

You agree that electronic signatures, click-wrap acceptance, and electronic records shall have the same force and effect as manual signatures and paper records.