The exchanges create these definitions and make the final determination on your status.
Non-Professional shall mean and include either (i) an individual, natural person Subscriber(s) who, or (ii) certain small business entities (limited liability companies, partnerships, trusts or corporations) that, receive and use Information (excluding any pit traded data), in each case subject to the following restrictions:
The Non-Professional Subscriber
(a) the Subscriber must have an active futures trading account;
(b) the Subscriber must not be a member (or hold or lease any type membership) of any exchange;
(c) the Subscriber does not have a primary business purpose that involves trading;
(d) the Subscriber must not be registered or qualified as a professional trader or investment adviser with any stock, commodities or futures exchange or contract market, or with any regulatory authority, professional association or recognized professional body; and
(e) the Subscriber must not be affiliated with any entity that is or may be considered a Professional user
Professional Subscribers: Any Subscriber that does not meet the qualifications of a Non-Professional or falls under the categories described below will be considered a Professional. Notwithstanding anything else herein,
Professionals shall include, without limitation:
- Any person or entity that provides financial or similar services to any third party.
- Any person that is registered or qualified as a professional trader or investment adviser with any stock, commodities or futures exchange or contract market, or with any regulatory authority, professional association or recognized professional body.
- Any person or entity that acts on behalf of an institution that engages in brokerage, banking, investment, or financial activities.
- Any person or employee of an entity that holds any form of membership at any of the CME Group Designated Contract Markets (“DCM”) or any other exchange.