Trader Program Agreement

Last Updated: March 30, 2026

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 funded trading program (the “Program”) under which qualified traders may trade options with capital 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

“Account” means any Funded Account or Live Account made available to Trader by or through SurgeOptions.

“Dashboard” means the online portal, website, or platform interface provided by SurgeOptions or its technology partners where you can view your trading metrics, Program Rules, and account parameters.

“Drawdown Limit” or “Real-Time Drawdown Limit” means the maximum permitted loss level, expressed as a dollar amount and/or percentage of account size, that is applied in real-time based on your current account equity as described in the Program Rules. The drawdown trails continuously with your account growth and is monitored during all trading hours.

“Capital Reserve” means the portion of payout proceeds allocated toward the Trader's future live trading capital, which accumulates over multiple payout cycles and becomes available upon meeting Go Live requirements.

“Program Rules” means the trading rules, objectives, parameters, and restrictions (including profit targets, minimum number of winning days, consistency rule, drawdown limits, position limits, permitted products, and payout criteria) as published on the SurgeOptions website, within the Dashboard, or in Program-specific documentation.

“Profit Split” means the percentage allocation of net trading profits between SurgeOptions and Trader for a given Account (80% Trader / 20% Firm in Live Account stages).

“Winning Day” means a trading day where net realized P&L (after commissions and fees) is positive.

3. Program Tiers and Rules

3.1 Funded Accounts

(a) Subscription-Based Funded Accounts

Funded Accounts are offered on a recurring monthly subscription basis, as stated on the SurgeOptions website at the time of purchase. Account sizes include $25K, $50K, and $100K with interday or end-of-day drawdown options.

(b) Program Rules

All Funded Accounts are subject to the then-current Program Rules, including without limitation:

4% trailing drawdown limit (interday real-time or end-of-day trailing, depending on plan)
6% profit target
Minimum 7 winning days with positive net realized P&L each
30% consistency rule — no single trading day may account for more than 30% of total profit at payout time
Closing all positions expiring on the current trading day by 4:00 PM Eastern Time
Complying with product limitations, position limits, and trading hours
Avoiding any Prohibited Conduct (as defined below)

(c) Drawdown Options

Interday (Real-Time): The drawdown limit trails continuously in real-time as your account grows. High water mark updates every second. No overnight positions allowed. Lower monthly subscription.

End-of-Day (EOD): The drawdown is checked in real-time but the high water mark trails at end of day. Overnight positions and swing trading are allowed. Higher monthly subscription.

A breach of the Drawdown Limit is measured in real-time during trading hours. Any breach will result in immediate account closure. SurgeOptions' calculations and records shall be final and binding.

(d) Swing Trading

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

3.2 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)
The 30% consistency rule
Payout caps per request or per period
The timing and method of payout requests (3–5 business days to process)
The impact of payouts on Drawdown Limits and account balances

Payouts come out of your drawdown buffer. Your balance stays the same but your high water mark is adjusted, reducing the distance to your trailing drawdown limit.

3.3 Capital Reserve and Go Live

(a) Capital Reserve Accumulation

A portion of payout proceeds may be allocated to a Capital Reserve that accumulates over multiple payout cycles. The Capital Reserve becomes your live trading capital (up to $1,500) when you meet Go Live requirements.

(b) Go Live Transition

SurgeOptions reserves the right, at its sole discretion, to transition traders to a Live Account trading real capital with a Profit Split (80% Trader / 20% Firm). Upon transition, all prior funded account subscriptions may be automatically canceled and a monthly data fee may apply.

(c) Capital Reserve Forfeiture

Any account that has been breached, closed due to a rule violation, or suspended for any reason shall forfeit all accumulated capital reserves. Capital reserves from such accounts will not be carried over, transferred, or applied to any Live Account, new Funded Account, or any other account within the Program.

(d) Multi-Account Live Transition Policy

When SurgeOptions determines that a trader is eligible to transition to a live trading account and the trader holds multiple funded accounts: only one account will be transitioned to live trading status initially; all other funded accounts will be temporarily locked until performance is evaluated.

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 Subscription and Account Fees

(a) Non-Refundable. All subscription fees and account fees are 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.

(e) Payout Structure

Funded Accounts: Payouts come out of your drawdown buffer. Your balance stays the same but your high water mark is adjusted, reducing the distance to your trailing drawdown limit.
Live Accounts: Payouts are unlimited; however, withdrawals may not reduce the account balance below the original starting balance
Capital Reserve: A portion of payout proceeds may be allocated to a Capital Reserve that accumulates toward your Go Live transition
Go Live Option: SurgeOptions reserves the right, at its sole discretion, to transition traders to a live trading account with their Capital Reserve balance

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
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
Forfeit all accumulated Capital Reserves
Terminate or reset your Account
Deny or revoke Funded Account status
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 trading 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
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.

BY PROCEEDING WITH THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.