Monday, September 22, 2008

Data News #2008 - 63
REVISED: NASDAQ OMX Requires New Agreements From Current Customers

Please Route to:

• Direct NASDAQ OMX and UTP Data Feed Subscribers
• NASDAQ OMX Market Data Redistributors

Summary:

• As announced in NASDAQ Vendor Alert #2008-055, NASDAQ OMX introduced the new NASDAQ OMX Global Data Agreement and revised its other current documentation to reflect The Nasdaq Stock Market, Inc.'s combination with OMX AB and its name change to The NASDAQ OMX Group, Inc. ("NASDAQ OMX").
• Existing NASDAQ OMX data feed recipients are required to complete and submit the new NASDAQ OMX Global Data Agreement by January 1, 2009, in order to continue service.
• REVISED: Please note that existing NASDAQ OMX data feed recipients are not required to resubmit the Global System Description or the New Data Feed Request Form if they already have such on file with NASDAQ OMX.

Overview:

As announced in NASDAQ Vendor Alert #2008-055, NASDAQ OMX introduced the new NASDAQ OMX Global Data Agreement and revised its other current documentation to reflect The Nasdaq Stock Market, Inc.'s combination with OMX AB and its name change to The NASDAQ OMX Group, Inc. ("NASDAQ OMX"). This agreement also reflects recent acquisitions by NASDAQ OMX of the Philadelphia Stock Exchange (NASDAQ OMX PHLX) and the Boston Stock Exchange (NASDAQ OMX BX) as well as the establishment of NASDAQ OMX Europe.

New Global Data Agreement:

In order to streamline the ordering process, NASDAQ OMX is now offering a single agreement for NASDAQ OMX data feed recipients. The new Global Data Agreement replaces all versions of the following agreements:

• OMX Information Distribution Agreement (“OMX IDA”)
• NASDAQ Distributor Agreement (“Distributor Agreement”)
• NASDAQ Internal Data Feed Recipient Agreement (“Recipient Agreement”)

The new agreement reflects the corporate name change and harmonizes the policies surrounding the distribution of NASDAQ OMX information. The new agreement covers all NASDAQ OMX information, as described in Appendix 1, including data from NASDAQ OMX PHLX, NASDAQ OMX BX and NASDAQ OMX Europe, and offers the following benefits to customers:

• Reduction in future administrative costs, as the global data agreement eliminates the need for re-administration when new data sets are introduced by NASDAQ OMX
• Decrease in number of overall market data agreements, by incorporating the Web Access Agreement into the global data agreement
• Improvement/clarification of terms, such as eliminating the clause restricting use of the data after termination of the agreement
• Harmonization of polices across data sets, such as allowing all Distributors to benefit from the Indemnification for Subscriber Agreements, which removes the requirement to administer a separate Subscriber Agreement
• Simplification of documents – the Attachment A–Application Form has been replaced with a Global System Application and a New Data Feed Request Form, which allows easier ordering of data feeds

Customer Obligations

Existing NASDAQ OMX data feed recipients are required to complete and submit two copies of the new NASDAQ OMX Global Data Agreement – Summary by January 1, 2009. On this date, previous versions of the OMX IDA, Distributor Agreement and Recipient Agreement will no longer be valid.

Submit the NASDAQ OMX Global Data Agreement by:

1. Email to DataAdmin@nasdaqomx.com

2. Fax to +1 301 978 5295

3. Mail to: NASDAQ OMX Global Data Products, 9600 Blackwell Rd., Suite 500, Rockville, MD 20850, USA

For organizations that do not execute and submit the NASDAQ OMX Global Data Agreement – Summary by January 1, 2009, NASDAQ OMX will assume that the data service has been canceled and will process the account accordingly.

REVISED: Please note that existing NASDAQ OMX data feed recipients are not required to resubmit the Global System Description or the New Data Feed Request Form if they already have such on file with NASDAQ OMX.

Additional information:

• Refer to the NASDAQ OMX Global Data Products Agreements and Forms page on the NASDAQ Trader website.
• Contact NASDAQ OMX Global Data Products Administration Team at +1 301 978 5307, option #3.