Registration Form and Terms & Conditions
The revised EU Markets in Financial Instruments Directive (MiFID II) and the accompanying EU Markets in Financial Instruments Regulation (MiFIR) require EU market participants to comply with reporting requirements in respect of trades executed in certain derivative contracts where such contract is a financial instrument (within the meaning of MiFID II):
- which is admitted to trading or traded on a EU trading venue (within the meaning of MiFID II) for which request for admission to trading has been made;
- where the underlying is a financial instrument traded on a EU trading venue; or
- where the underlying is an index or basket composed of financial instruments traded on a EU trading venue.
In order to help our EU customers meet their MiFIR reporting obligations when executing transactions in MiFIR Reportable Contracts [the Exchange] provides a data service under which [the Exchange] makes available to customers certain data relating to their transactions in MiFIR Reportable Contractsexecuted on the [Exchange] (the MiFIR Data Service).
Customers wishing to receive the MiFIR Data Service are required to register using this Registration Form.
MiFIR Data Service overview
Where a customer registers for the MiFIR Data Service, [the Exchange] will make availableto that customer and its clearing member certain data in respect of transactions in MiFIR Reportable Contractsexecuted on [the Exchange] by that customer (MiFIR Data).
MiFIR Data will be made available to the customer and its clearing memberby [the Exchange] in respect of each transaction in a MiFIR Reportable Contract as a CSV file:
- for download from a secure FTP folder location; and / or
- via the Enterprise Reporting Portal (EREP) GUI,
Further details on the scope and format of the MiFIR Data made available to customers of the MiFIR Data Service is availablein the MiFIR Transaction Reporting User Guide accessible at [link].
Please note that the MiFIR Data Service is limited to making the MiFIR Data available to customers registered for the service and their clearing members. The MiFIR Data Service does not provide a delegated transaction reporting service to any national competent authority, approved reporting mechanism or trade repository under MiFIR. Customers subject to the MiFIR reporting obligation will need to make their own arrangements for the submission of transaction reports required under MiFIRin accordance with the relevant requirements under MiFIR.
A list of the MiFIR Reportable Contracts traded on CME Group venues (including [the Exchange]) is available at: The MiFIR Data Service is available in relation to any transactions executed in such contracts on [the Exchange] or other CME Group venues.
Nothing in this Registration Form, the Terms and Conditions, the list of MiFIR Reportable Contracts or the MiFIR Data Service shall constitute legal or regulatory advice as to the applicability of the MiFIR reporting obligation to products traded on [the Exchange]. Responsibility for compliance with applicable regulatory requirements under MiFIR, including identifying contracts that are reportable under MiFIR, verifying data and submitting transaction reports in accordance with MiFIR requirements, shall remain the exclusive responsibility of the customer. [The Exchange] and CME Group provides no warranty or representation as to the accuracy or completeness of the list of MiFIR Reportable Contracts or the application of the MiFIR reporting obligation to CME Group products. Customers should obtain their own legal advice on the application of the requirements of MiFIR.
If you wish toappoint [the Exchange] to provide the MiFIR Data Serviceto you on the terms set out in the MiFIR Data Service for [Exchange] Customers Terms and Conditions (the Terms and Conditions), you must:
Step 1:Read the Terms and Conditions set out in this document.
Step 2:Complete the MiFIR Data Service Registration Form below, including all the relevant required information and signifying your agreement to the Terms and Conditions.
Step 3:Send your completed MiFIR Data Service Registration Form, together with all the relevant required information and the signed Terms and Conditions via email to [email address].
Step 4:We will notify you when we consider your application is complete and all of the relevant information has been provided in a form satisfactory to us by providing written email confirmation to you that we will commence provision of theMiFIR Data Service pursuant to the Terms and Conditions from the specified start date indicated in such email confirmation (subject to satisfactory completion of Step 5 below).
Step 5:We will work with you to complete the onboarding and connection process, which may include provision of certain key information and data by you in a specified form to us.
Capitalized terms used herein have the meaning given to them in the Terms and Conditions.
MiFIR Data Service Registration Form
Section A: Registration Information
1.Customer Information(*Required)
Company Name*Parent Company (if applicable)
Street Address* / Address Line 2
City* / County/State/Province* / Zip/Postal Code* / Country*
Please note that the data provided by the Customer in this MiFIR Data Service Registration Form includes information that will be used by [the Exchange]in order to generate part of the MiFIRData (as defined in the Terms and Conditions). Such data shall be utilized by the [Exchange]for the purposes of the MiFIRData until such data is amended or updated by the Customer by providing notice to the [Exchange]in accordance with the MiFIR Data Service Terms and Conditions and the [Exchange]has provided confirmation that it has made necessary updates to processes to generate the MiFIRData.
Section B: Customer acceptance of MiFIR Data Service Terms and Conditions
To be executed by the party that wishes to use the MiFIR Data Service
Customer must complete this MiFIR Data Service Registration Form electronically by having an authorized representative check the box below and fill in his or her name and details where indicated.
I hereby acknowledge that I have read, agree to and have the authority to bind the Customer to all the terms and conditions contained within or incorporated under this MiFIR Data Service Registration Form, including but not limited to the relevant provisions within the MiFIR Data Service Terms and Conditions and any applicable terms and conditions relating to the MiFIR Data Service from time to time.
Agreed and accepted on behalf of Customer by:
Customer Entity Name / Authorized Person / TitleEmail / Date
Please complete this section and submit the completed MiFIR Data Service Registration Form to [the Exchange] via email to [email address].
[The Exchange] will review the MiFIR Data Service Registration Form submitted by the Customer. Subject to satisfactory completion of the application process, including submission of the completed MiFIR Data Service Registration Form together with all required information and provision of written notification to the Customer of successful completion of the registration process, [the Exchange] agrees to provide the MiFIR Data Service to the Customer on the terms set out in the MiFIR Data Service Terms and Conditions, as in force from time to time.
MiFIR Data Service Registration
The following information (“Static Customer Data”) is required (in a format satisfactory to the [Exchange]) from Customers in order to assist [the Exchange]in populating the reports to be made available to the Customer pursuant to the MiFIR Data Service–
•Legal Entity Identifier (LEI) is a unique ID associated with a single corporate entity and would be used for identifying the parties to financial transactions. Please visit for more information
Please note that [the Exchange]may require additional static or non-static data from Customer from time to time.
MiFIR Data Service – Terms and Conditions for [Exchange]Customers
[ ] (“[Exchange]”) customers with reporting obligations under MiFIR(as defined below) are eligible to benefit from [the Exchange’s]MiFIR data service. [The Exchange]will produce and make available to the customercertain data files containing customer data relating to transactions executed by customer on [the Exchange] and which may be reportable by the customer under MiFIR. Such data files will be made available to customer and its clearing member via the EREP system or for download by the customer from a secure FTP folder location (the “MiFIR Data Service”). These terms and conditions (“the Terms and Conditions”) set out the basis on which [the Exchange]will offer the MiFIR Data Service to customers.
[The Exchange]is a US designated contract market registered with the Commodity Futures Trading Commission and is not a trading venue within the meaning of MiFIR. [The Exchange]is not required to report any transactions on behalf of customer under MiFIR and [the Exchange] will not submit any reports on behalf of customer to any regulatory authority, national competent authority, approved reporting mechanism or trade repository on behalf of customer. Customers are solely responsible for transmission of MiFIRtransaction reports to the relevant national competent authority under MiFIR and for the accuracy and content of any such reports, including where such reports contain data provided by [the Exchange] pursuant to the MiFIR Data Service.
Capitalized terms used herein have the meaning given to them in the Terms and Conditions.
1.1MiFR DATA SERVICE TERMSANDCONDITIONS
1DEFINITIONS
1.1IntheseTermsandConditions,thefollowingtermsshallhavethefollowingmeanings:
a)Affiliatemeansanundertakinginthesamegroupas[the Exchange];
b)ApplicableLawmeansanyapplicablelaw,regulation,guidanceordirectionissuedbyanycompetentRegulatoryAuthority;
c)Approved Reporting Mechanism (ARM) has the meaning given in MiFIR;
d)AuthorizedPerson means an individualwhoisauthorizedbytheCustomertocommittheCustomertotheseTermsandConditionsand anyamendmentstothemandtoinstructornotify[the Exchange]ofanyothermatterspecifiedintheseTermsand Conditions;
e)Customermeansan [Exchange] customerwhich has agreed to be bound by these Terms and Conditions for the purposes of making use of the MiFIR Data Service in relation to the execution of ReportableTransactionson [the Exchange];
f)Feesmeansany feespayablebytheCustomerto [the Exchange]forprovidingtheMiFIR DataService,asmay be notified to the Customer from time to time and setforthintheFeeSchedule(locatedontheSite),assuchfeesmaybemodifiedby[the Exchange]fromtimetotime;
g)FeeSchedulemeans, where applicable,thefeescheduleavailableontheSitesettingouttheFeespayableby the Customer to[the Exchange]undertheseTermsand Conditions;
h)ForceMajeuremeansanyeventwhichoccursduetoreasonsoutsideofthecontrolof[the Exchange] or any Affiliate(including,butnotlimitedto,anynatural,systems,facilities,technological,politicalorothercauseandwhetherinrespectofathirdpartyserviceprovider,Affiliateof[the Exchange],athirdpartyorotherwise)andwhichcannotbeovercomebyreasonablediligenceand/orwithoutunreasonableexpenseby[the Exchange];
i)Lossesmeansalllosses,damages,fines,penalties,costs,expensesorotherliabilities(includinglegalandotherprofessionalfees);
j)MiFIR meansRegulation (EU) No. 600/2014 of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No. 648/2012;
k)MiFIR Datameans the data held by [the Exchange] and its Affiliates in respect of Reportable Transactions executed or placed on [the Exchange], which the Customer is required to report to a National Competent Authority (directly or via an ARM) pursuant to MiFIR requirements;
l)MiFIR Data FormatmeanstheCSVformatprovided by [the Exchange]fordownload ofMiFIR Data notified by [the Exchange] to the Customer from time to time;
m)MiFIR DataServicehas the meaning given in the first paragraph of these Terms and Conditions;
n)MiFIR DataServiceRegistrationFormorRegistrationFormmeanstheMiFIR DataServiceRegistrationFormunderwhichtheCustomermayregisterfortheMiFIR DataService,completionofwhichconstitutestheCustomer’sagreementtotheseTermsand Conditions;
o)MiFIR Reportable Contract means any contract tradedon [the Exchange] that is listed from time to time on theSite at a contract in respect of which the MiFIR Data Service is available;
p)National Competent Authority means the relevant national competent authority of an EU market participant under MiFIR;
q)RegulatoryAuthoritymeansanyapplicablegovernmentalorregulatoryauthoritywithjurisdictionoveranyofthepartiesunderApplicableLaw;
r)Reportable Transactionmeans each transaction executed by the Customer on [the Exchange] in any contractlisted as a MiFIR Reportable Contract
s)ReportingObligationmeans,inrespectoftheCustomer,theobligationtomake transaction reports in accordance with Article 26 of MiFIR;
t)SitemeanstheCMEGroupwebsite,locatedat and
u)Trading Venue means an EU trading venue within the meaning of MiFIR.
2SCOPEOFSERVICES
2.1TheCustomeragreesthat it wishes toreceivetheMiFIR DataServiceassetoutintheseTermsandConditions and the MiFIR Data Service Registration Formandagreestocomplywithits obligationsthereunder,asagreedandacceptedbytheCustomercompletingandsubmittingtheMiFIR DataServiceRegistrationForm toCME.
2.2[The Exchange]agreestoprovidetheMiFIR DataServiceassetoutintheseTermsandConditions.
3MiFIR DATASERVICE
3.1UndertheMiFIR DataService,[the Exchange]will undertake commercially reasonable efforts to, no later than 12:00am US Central time on the day of execution of each Reportable Transaction:
(a)compiletheCustomer’srelevantMiFIR Datain respect of each such Reportable Transaction;
(b)make available to the Customer and to its clearing membersuch MiFIR Data in the MiFIR Data Format:
(i)asadownloadable filefromasecureFTPfolder; and
(ii)as a report via the EREP GUI.
4CUSTOMERREPRESENTATIONS
4.1TheCustomerunderstandsandagreesthat,underthisMiFIR DataService,[the Exchange]:
(a)is not responsible for the identification or classification of [Exchange] contracts as MiFIR Reportable Contracts, the content or accuracy of any data provided by the Customer in the Registration Form, the content or accuracy of the MiFIR Data or the verification of the content of any MiFIR Data provided to the Customer under the MiFIR Data Service;
(b)the [Exchange] will provide the MiFIR Data to the Customer and the clearing member of the Customer but the [Exchange] will not report to, share with or transmitthe Customer’s MiFIR Data to any other person on behalf of the Customer, including but not limited to an ARM, trade repository, National Competent Authority or other Regulatory Authority;
(c)makes no warranties or representations regarding compliance of the MiFIR Data Service or any MiFIR Data with the requirements of MiFIR.
4.2The Customeracknowledgesand agrees thatcompliance with the Reporting ObligationshallremainthesoleresponsibilityoftheCustomer and the Customer undertakes to inform [the Exchange] in the event that it is aware that any contract traded by the Customer on [the Exchange] and not listed on the Site as a MiFIR Reportable Contract is or becomes subject to the Reporting Obligation.
5LIABILITYANDINDEMNITY
5.1ItistheCustomer’slegalresponsibilityunderMiFIRtocomplywithitsobligations,including,butnotlimitedto,theReportingObligationinaccordancewithallApplicableLawandnothingintheseTermsandConditionsshallalterthis.
5.2[THE EXCHANGE]MAKES NO REPRESENTATION OR WARRANTY NOT EXPRESSLY SET FORTH IN THIS SECTION 5, AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IN NO EVENT SHALL [THE EXCHANGE]BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. For the avoidance of doubt, [the Exchange]makes no warrantiesorrepresentationsregarding complianceoftheMiFIR Data ServicewiththerequirementsofMiFIR.
5.3TothefullestextentpermittedbyApplicableLaw,[the Exchange],theirAffiliates,andeachoftheirrespectivedirectors,officersandemployeesshallnothaveanyliabilitytotheCustomeroranyotherpersonwhetherincontract,tort(includingnegligence),breachofstatutoryorregulatorydutyorotherwisefor:
(a)anyLossesarisingdirectlyfrom,orinconnectionwith:
(i)[the Exchange’s]provisionof,ortheCustomer’suseof,theMiFIR DataServicepursuanttotheseTermsandConditions;
(ii)[the Exchange’s]performanceofitsobligationsorexerciseofitsrightsundertheseTermsandConditions;
(iii)thefailureofanyplatform,system,interfaceorothertechnology,includinganyinternalplatform,system,interfaceorothertechnology of the Exchange or any Affiliate,which[the Exchange]usesorintendstouseintheperformanceofitsobligationsorexerciseoftheirrightsundertheseTermsandConditions;
(iv)athirdparty(other than the clearing member of the Customer) accessingorinterceptinganyMiFIRDataorotherinformationordataoftheCustomer;
(v)the failure by any person (including but not limited to the Customer) to accurately submit transaction reports in respect of any contract executed on [the Exchange] in accordance with the requirements of the Reporting Obligation or any other provision of Applicable Law,
excepttotheextentthatsuchLossesareduetothegrossnegligence,wilfulmisconduct orfraudof[the Exchange],any Affiliateorthedirectors,officers oremployeesof[the Exchange]oranAffiliate.
5.4TheCustomeragreesthat[the Exchange’s]liabilityundertheseTermsandConditionsforallLosses,whetherarisingincontract,tort(includingnegligence)misrepresentation(otherthanfraudulent misrepresentation),breachofstatutorydutyorotherwiseshallbelimitedto$50,000.
5.5TheCustomershallindemnify[the Exchange],itsAffiliates,andeachoftheirdirectors,officersandemployees,againstanyandalllosses,liabilities,damages,claims,costsorexpensessufferedorincurredby[the Exchange]arisingoutoforinconnectionwiththeprovision by[the Exchange]oftheMiFIR DataServiceincludingbutnotlimitedtoanylossesorthirdpartyclaimssufferedby[the Exchange]arising out of or relating to these Terms and Conditions,savetotheextentthatthelosses,liabilities,damages,claims,costsor expensesariseasaresultofthegross negligence or wilful misconduct of[the Exchange].
5.6NoactionarisingoutofanyclaimedbreachoftheseTermsandConditionsmaybebroughtbytheCustomermorethantwo (2) yearsafterthecauseofactionhasaccrued.
5.7[The Exchange]shallbereleasedfromitsobligationsundertheseTermsandConditionstothe extentthat,andforsolongas,performanceofsuchobligationsisdelayed,hinderedorpreventedbyForceMajeure.
5.8UpontheoccurrenceofaForceMajeureevent,[the Exchange]shallinformtheCustomerinwriting,assoonasreasonablypracticable.UponthecessationoftheForceMajeureevent,[the Exchange]shallinformtheCustomerinwriting,assoonasreasonablypracticable.
5.9Thepartiesagreethatthisclause5representsafairandequitableposition.NothingintheseTermsandConditionsshallexcludeorlimitany liabilitywhichmaynotbeexcludedorlimitedunderApplicableLaw.
6TERMINATION
TerminationofMiFIR DataServiceonly
6.1TheMiFIR DataServicewillterminateimmediately:
a)upontheexpiryof30days’priornoticeinwritingprovidedbyeither[the Exchange]ortheCustomertotheotherparty;or
b)Automatically where theCustomerisnolongeran [Exchange] customer, in which case Customer shall be required to notify [the Exchange]upon theoccurrenceofsuchevent.
FEES
6.2TheFeespayablebytheCustomerto[the Exchange]inrespectoftheMiFIR DataServiceitreceivesundertheseTermsandConditionsaresetoutontheSite,asamendedfromtimetotime at [the Exchange’s]sole discretion.TheCustomeragreestopaysuchFeesasnotified by [the Exchange]fromtimetotime.
6.3NotwithstandinganyotherprovisionintheseTermsandConditions,[the Exchange]shallprovidetheCustomerwithatleast30days’writtennoticeofanychangestotheFeespayablebytheCustomer.
7GENERALPROVISIONS
7.1AnoticeorothercommunicationgivenunderorinconnectionwiththeseTermsandConditions(aNotice)must,unlessotherwisespecified,beinwriting(includinginelectronicform),inEnglishandsent,inrespectoftheCustomer,tosuchaddressasprovidedbytheCustomerintheMiFIR DataServiceRegistrationForm,andinrespectof[the Exchange],to [email address] and .
7.2TheCustomermay,bywrittenNoticeto[the Exchange](ifapplicable),substitutereplacementdetailsforitsnotifiedaddresssetoutinclause 7.1
7.3[The Exchange]may,bywrittenNoticetotheCustomer,substitutereplacementdetailsforitsnotifiedaddresssetoutinclause7.1.
7.4[The Exchange]mayvarytheseTermsandConditionsbypublishingsuchvariationontheSitetogetherwiththedateonwhichsuchvariationtakeseffectandprovidingNoticetotheCustomer.TheCustomerwillbedeemedtobeboundbyanysuchvariationfromsuchdateintheabsenceofnoticeofterminationfromtheCustomer.
7.5[The Exchange]andtheCustomeracknowledgeandagreethatbyenteringintoan agreement under theseTermsandConditions,theydonotrelyonany statement,representation,assuranceorwarrantyofanyperson(whetherapartytotheseTermsand Conditionsornotandwhethermadeinwritingornot)otherthanasexpresslysetoutintheseTermsandConditions.
7.6[The Exchange]andtheCustomeragreethattheonlyrightsorremediesavailabletoeitherofthemarisingoutoforinconnectionwiththeseTermsandConditionsortheirsubjectmattershallbesolelyforbreachofcontractexceptasotherwiseprovidedforintheseTermsandConditions.
7.7If any term of theseTermsandConditions is determined to be invalid or unenforceable under any controlling body of law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining terms or the validity or enforceability of those terms in any jurisdiction where they are valid and enforceable. The parties desire the terms and conditions herein to be valid and enforced to the maximum extent not prohibited by law, regulation or court order in a given jurisdiction and as such, any invalid or unenforceable terms and conditions will be reformed by the parties to effectuate the intent of the parties as evidenced on the Effective Date. Customershall,inconnectionwiththeseTermsandConditions:
(i)complyinallrespectswithallapplicabledataprotectionlawsandregulations(together,theDataProtectionLaws);and
(ii)not,byanyactoromission,place[the Exchange]inbreachoftheDataProtectionLaws.
7.8Customer may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of [the Exchange].
7.9These Terms and Conditions will be governed by the laws of the State of New York without regard to any choice-of-law provisions. The parties will submit to the exclusive jurisdiction of the state and federal courts situated in New York, New York to resolve any dispute arising out or relating to these Terms and Conditions.
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