• Program Agreemant

    effective: 09.23.2020

    IMPORTANT NOTICES

    If you want to participate in the Hedgehog Program and have carefully reviewed this Program Agreement, including THE PRE-DISPUTE ARBITRATION CLAUSE IN SECTION 11.3 AND THE PREAUTHORIZED RECURRING MONTHLY DEBIT IN SECTION A5.3.1 OF ATTACHMENT A, and the agreements attached to this Program Agreement that apply to the type(s) of Hedgehog account(s) and/or product(s) you have chosen (collectively, the “Product Agreements”), then click the button to indicate "I Agree”. Following signup, your continued participation in the Program is your indication that you agree to all of the terms of this Program Agreement.

    BY USING HEDGEHOG AFTER INDICATING THAT YOU AGREE TO THIS PROGRAM AGREEMENT, YOU WILL BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS PROGRAM AGREEMENT AND EACH OF THE PRODUCT AGREEMENTS:

    (A) if you have chosen a Hedgehog Trading Account or Hedgehog Automated Account the Investment Administration Agreement with the Administrator (the "Administration Agreement," attached to this Program Agreement as Attachment A);

    (B) if you have chosen a Hedgehog Trading Account or Hedgehog Swap Facility Account, the Brokerage and Custody Customer Agreement with the Carrying Broker (the "Brokerage Agreement," incorporated in this Program Agreement as Attachment B by reference, at the Carrying Broker Website);

    The Product Agreements are described further in Section 1.4.

    FURTHER BY CLICKING THAT YOU AGREE TO THIS PROGRAM AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND HAD AN OPPORTUNITY TO REVIEW:

    • all disclosures Hedgehog or any of its affiliates or agents has made available to you through the Websites or the Application, including disclosures about debits to be withdrawn from the account that is your Funding Source (as defined below) on the Fee Date (as defined below) of each month in the amounts specified in the disclosures;

    • the Brochure (as defined below); and

    YOU MUST READ AND CONSIDER THE PROGRAM AGREEMENT AND THE APPLICABLE PRODUCT AGREEMENTS LISTED ABOVE CAREFULLY AND CONTACT HEDGEHOG TO ASK ANY QUESTIONS YOU MAY HAVE BEFORE ENTERING INTO ANY OF THEM. CLICKING THAT YOU AGREE HAS THE SAME LEGAL EFFECT AS SIGNING A PAPER VERSION OF THE PROGRAM AGREEMENT AND EACH OF THE PRODUCT AGREEMENTS.

    YOU ACKNOWLEDGE THAT THESE AGREEMENTS MAY BE AMENDED FROM TIME TO TIME AND THAT THE AMENDED AGREEMENTS WILL BE DELIVERED ELECTRONICALLY BY POSTING ON THE HEDGEHOG WEBSITE AND THE APPLICATION. YOU AGREE TO CHECK THE HEDGEHOG WEBSITE AND/OR THE APPLICATION FOR NEW VERSIONS OF THESE AGREEMENTS. YOU AGREE THAT, BY KEEPING YOUR HEDGEHOG ACCOUNT OR USING ANY OF THE SERVICES PROVIDED IN THE PROGRAM WITHOUT OBJECTING AFTER HEDGEHOG POSTS A NEW VERSION OF ANY OF THE APPLICABLE AGREEMENTS LISTED ABOVE ON THE HEDGEHOG WEBSITE, YOU WILL AGREE TO AND ACCEPT ALL TERMS AND CONDITIONS OF ANY AMENDED AGREEMENT, INCLUDING ANY NEW OR CHANGED TERMS OR CONDITIONS.

    DEFINITIONS

    When the following capitalized terms are used above or below in this Program Agreement, the Administration Agreement, or the Brokerage Agreement, the following definitions apply:

    Administration Agreement

    Administration Agreement means the Investment Administration agreement between the Administrator and you, which is attached as Attachment A to this Program Agreement.

    Administration Charge

    Administration Charge means the portion of the Subscription Fee payable to the Administrator for the Administration Services.

    Administration Services

    Administration Services means the services the Administrator provides you under the Administration Agreement.

    Agreements

    Agreements refers collectively to this Program Agreement and each and all of the Product Agreements that apply to the products you have chosen, including but not limited to the Investment Administration Agreement, the Brokerage and Custody Customer Agreement, and the Hedgehog Transaction Account Agreement.

    API Keys

    API Keys means any string of characters, or collection of such strings, provided by you to Hedgehog for the purpose of identifying electronic requests, made through the Application to the Carrying Broker or Administrator, as requests originated by you.

    Application

    Application means the software and technology that Hedgehog provides to let you access the Portfolio Application and information about your Hedgehog Trading Account using an internet-connected device that is compatible with the Application.

    Assets

    Assets means the securities that you buy and sell through the Application, the Carrying Broker, and the Clearing Broker and that the Carrying Broker holds in your Hedgehog Trading Account on your behalf.

    Brochure

    Brochure means any wrap fee program brochure for the Program that an Advisor files with the SEC on Form ADV Part 2A.

    Brokerage Agreement

    Brokerage Agreement means the Brokerage and Custody Customer Agreement between the Carrying Broker and you, which is available at the Carrying Broker Website.

    Business Day

    Business Day means a day when both: (i) the New York Stock Exchange or NASDAQ opens for trading during all or part of that day; and (ii) federally chartered banks in the United States are generally open for business during all or part of that day.

    Calculated Portfolio

    Calculated Portfolio means the Portfolio Hedgehog administers for your Portfolio Account(s) based on certain Client Information you supply to Hedgehog.

    Carrying Broker

    Carrying Broker means any exchange for which you have provided API Keys to Hedgehog for the purpose of retrieving and recording transactions, issuing transaction requests, placing orders through the Application, or any other activity made possible through the Application.

    Carrying Broker Website

    Carrying Broker Website means the website operated by the Carrying Broker, and any subdomains or subdirectories, which hosts the API Keys provider by the user.

    Cash

    Hedgehog