ICE Futures U.S., Inc. Broker Agreement This Agreement, dated as of ___________, 2012 is between ICE Futures U.S.

, Inc. (the Exchange) and __________________________________, an individual (hereinafter the individual is referred to as the Broker) who performs trade execution services for one or more clearing members or customers of the Exchange (hereinafter both the clearing members or customers are referred to as the Clearing Members). Recitals The Broker wishes to have the Exchange initiate credit entries, pursuant to the terms of this Agreement, to the Brokers account specified below (the Account) in payment of obligations owed by one or more Clearing Members to the Broker. The Exchange using services of The Clearing Corporation or any other agent selected by the Exchange will initiate such entries on the terms set forth below. Agreement NOW, THEREFORE, in consideration of the mutual promises contained herein, the Exchange and the Broker agree as follows: 1. Authorization Subject to the terms set forth below, the Broker authorizes the Exchange or its agent to initiate Automatic Clearing House (ACH) credit entries to the Account in accordance with the policies for transmitting payments for fees owing from time to time by one or more Clearing Members to the Broker resulting from trade execution services provided by the Broker to one or more Clearing Members. Further, the Broker authorizes the Exchange or its agent to initiate ACH debit entries to the Account in the event of a mistake, error or omission by the Exchange or its agent relating to the credit entry. Such debit entries shall be made for correction purposes only, shall not exceed the amount of the original credit entry related thereto, and must be made within ten (10) days of discovery of the error that is to be corrected. The Broker authorizes the financial institution identified in paragraph 8 of this Agreement to debit the Account and pay over to the Exchange or its agent those sums, which may be necessary to correct an erroneous entry. Clearing Members Obligations Clearing Member shall not be deemed to be relieved of any obligations to the Broker by reason of the failure of the Exchange or its agent to initiate any credit or to enter correct credit information in accordance with the terms of this Agreement, or by reason of any delay in receipt by the Brokers financial institution, or the nonreceipt by such institution of any credit entry initiated by the Exchange or its agent. The Broker acknowledges and agrees that under all circumstances the Clearing Member is obligated to the Broker for the payment of fees owed to the Broker for the services provided by the Broker to the Clearing Member and under no circumstances is the Exchange or its agent obligated to the Broker for any payment for any services. Reports The Exchange or its agent will provide reports on a periodic basis to the Broker which contain a list of trades executed by the Broker for each Clearing Member, the fees payable with respect to such trades, and payments of such fees made by the Exchange or its agent. Fees The Broker agrees to pay the Exchange a monthly service fee of $7.50, or such other amount as specified by the Exchange from time-to-time, for the services provided hereunder for each Clearing Member which utilizes the services described herein to make payments to the Broker, provided, however, no fee shall be paid for any month wherein the payment to a Broker is less than $10.00. Such fees will be withheld each month from the brokerage fees collected from the Clearing Member for payment to the Broker. Liability of the Exchange and its Agent The Broker acknowledges and agrees that neither the Exchange nor its clearing organization (the Clearing Organization), nor their respective officers, directors employees or agents (individually an Exchange Official and collectively the Exchange Officials) shall be liable under any circumstances whatsoever to the Broker for any damages from any cause regardless of the form(s) of action, whether in contract, tort or otherwise which

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relates directly or indirectly to the services provided under this Agreement, including by not limited to damages as a result of a failing to notify, or as a result of providing and incorrect or partial notification to the bank of any matter relating to payments, except in the event of acts of willful misconduct or gross negligence by the Exchange, the Clearing Organization or an Exchange Official. Further, in no event and under no circumstances whatsoever shall the Exchange, the Clearing Organization or an Exchange Official be liable for any special, punitive, exemplary, incidental or consequential damages or for lost profits or commercial losses, direct or indirect, from any cause, whether or not the Exchange, the Clearing Organization or an Exchange Official has received notice of the possibility or certainty of such damages or losses. 6. Indemnification The Broker hereby indemnifies and holds the Exchange, the Clearing Organization and each Exchange Official harmless from any and all liability, loss, damages, interest claims, and expenses, including court costs and attorneys fees, which the Exchange, the Clearing Organization or the Exchange Officials sustain or incur as a consequence of any claim, proceeding, or court action that is made against the Exchange, Clearing Organization or Exchange Official by any person which relates directly or indirectly in any manner whatsoever to the services provided under this Agreement, including but not limited to the notification, partial notification or lack of notification concerning obligations and payments, except in the event of willful misconduct or gross negligence by the Exchange, the Clearing Organization or an Exchange Official.. Financial Institution Change The Broker agrees that it will provide a newly executed agreement at least twenty (20) days in advance of the change in the financial institution or account name and number identified in paragraph 8. Brokers Account The Account referred to in this agreement is the deposit account maintained by the Broker described below. The Broker acknowledges and agrees that all information regarding this Account will be provided to the Exchange and appropriate Exchange Officials and that the Exchange and such Exchange Officials are not liable under any circumstances for any damages as a result of a failure to provide any information, or as a result of being provided incomplete or incorrect information, necessary to provide the services under this Agreement. Headings Headings are used for reference purposes only, and shall not be deemed a part of this Agreement.

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10. Law Governing This Agreement shall be construed in accordance with and governed by the laws of the State of New York without regard to the conflicts of law principles thereof. 11. Termination This Agreement may be terminated by the Exchange or the Broker at any time by giving twenty (20) days prior written notice to the other party. Notwithstanding such termination, this Agreement shall remain in force and effect as to all transactions that have occurred prior to the date of termination. 12. Entire Agreement This Agreement embodies the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous negotiation, representations, and agreements with respect hereto, and shall be binding upon the parties hereto, and their respective successors and assigns. This Agreement may be amended only by a writing signed by both parties. 13. Notices Any communications regarding this Agreement shall be made in writing and, if to the Exchange, addressed to: ICE Futures U.S., Inc. ATTN: General Counsel One North End Avenue New York, NY 10281

And, if to the Broker, addressed to:

Executed this ____day of __________, 20___ ICE Futures U.S., Inc. By: (Signature) Name: (Print or Type) Title: (Print or Type) Broker (Print or Type Name (Signature) Brokers Acronym Primary Clearing Member

ATOM Information Statement Financial Institution: Branch Name: Specific Address of Branch: Bank Contact Person: Telephone: Account Name: Account Type (check one): Account Number: Bank Routing Number: Date Fee Calculations Should Begin:

Savings

Checking:

Attach a Voided Check or Copy Thereof Below

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