eTrade 2007 Annual Report Download - page 165

(i) “Covered Order” shall mean an instruction, other than an instruction with respect to an Excluded Order, to buy or sell
that is placed with Parent or an Affiliate of Parent by, for or on behalf of a Parent Customer, for (i) any NMS Security; or (ii) any other
type of security mutually agreed upon by the Company or Parent. For the avoidance of doubt, as defined below in paragraph 1.1(y),
NMS Security includes both equities and Options.
(j) “Customer Information” shall mean (i) all information disclosed by or to the Company, on the one hand, to or by Parent,
on the other hand, in connection with this Agreement, which identifies Parent Customers or the Company’s customer(s), including
account numbers, or (ii) any information collected by the Company through the Company Services described herein, which identifies
customer(s) individually or in the aggregate, including any data regarding Covered Orders, individually or in the aggregate.
(k) “Directed Order” shall mean a Covered Order where a Parent Customer or Registered Representative (based on an
instruction from a Parent Customer) placing such Covered Order specifically instructs (through electronic, telephonic or other means)
that such Covered Order be routed to a particular venue or platform for execution (e.g., an Exchange, a market center or a Broker-
Dealer) other than the Company or any of its Affiliates.
(l) “Exchange” shall mean any national securities exchange registered under Section 6 of the Securities Exchange Act and
any national securities association within the meaning of Section 15A of the Securities Exchange Act.
(m) “Excluded Order” shall mean (i) any Order placed by, for, or on behalf of any “investment company” that is registered
under the Investment Company Act of 1940, as amended, that is advised or managed by Parent or any of its Affiliates; or (ii) any
Order placed by a Parent Customer that is an investment adviser affiliated with Parent, to the extent that the routing of such Order to
the Company under this Agreement would be prohibited under applicable law.
(n) “Execution Quality Service Levels” shall mean the service levels set forth on Schedule A to this Agreement (which is
incorporated herein by reference), as may be amended from time to time by the Parties in accordance with this Agreement, including
Schedule A to this Agreement.
(o) “Existing Order Flow” shall mean Orders routed by Parent and its Affiliates for the twelve (12) months prior to the date
of this Agreement.
(p) “Existing Products” shall mean the product types offered by Parent and its Affiliates on the date of this Agreement.
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