HEDGE
Street

July 7, 2006

VIA EMAIL: secretary@cfte.gov

Ms. Eileen A. Donovan, Acting Secretary
Secretary of the Commission

Commodity Futures Trading Commission
3 Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

RE: Rule Certification: HedgeStreet® Amends Rule 10.1(a) and (c); Submission
pursuant to Commission Regulation §40.6(a)

Dear Secretary Donovan:

Pursuant to Section 5c(c)(1) of the Commodity Exchange Act, as amended (“Act”), and
§40.6(a) of the regulations promulgated by the Commodity Futures Trading Commission
(the “Commission”) under the Act, HedgeStreet, Inc. (“HedgeStreet’”’) hereby certifies with
the Commission an amendment to HedgeStreet Rule 10.1(a) in order to broaden the
definition of “HedgeStreet Parties” which will now incorporate HedgeStreet’s
Software/ Hardware and Service Providers into the definition of HedgeStreet Parties.
The amendment is defined in Exhibit A. The rule deletions are stricken out and the
amendments are underlined. HedgeStreet intends to implement this rule amendment on
Monday, July 10, 2006.

Additionally, HedgeStreet is amending a typographical error found in HedgeStreet Rule
10.1(c). This amendment is also defined in Exhibit A.

No substantive opposing views were expressed to HedgeStreet with respect to these
amendments.

HedgeStreet hereby certifies that these amendments comply with the Commodity
Exchange Act, as amended, and the Commissions regulations adopted thereunder.

Should you have any questions regarding the above, please do not hesitate to contact
Stephanie Ford by telephone at (650) 638-3511 or by email at sford@hedgestreet.com.

Sincerely,

Stephanie Ford
Vice President, Legal & Compliance

ce: Clarissa Manansala — HedgeStreet, Inc.

1825 S. Grant Street

Suite 500
‘San Mateo, CA 94402

Tel: 650.638.3500
www.hedgestreet.com Fax: 650.638.3501


HEDGE
Street

EXHIBIT A

Amendments to Rule 10.1(a) and (c) only
(The following Rule amendment is underlined and deletions are stricken out)

CHAPTER 10 LIMITATION OF LIABILITY; TIME PERIOD IN WHICH
TO BRING ACTIONS; GOVERNING LAW; ARBITRATION

RULE 10.1 LIMITATION OF LIABILITY

(a) AS A MEMBER YOU AGREE THAT NEITHER HEDGESTREET
NOR ITS OFFICERS, DIRECTORS, AGENTS, AND/OR EMPLOYEES
AND/OR SOFTWARE, HARDWARE, AND SERVICE PROVIDERS
(COLLECTIVELY REFERRED TO AS “HEDGESTREET PARTIES”) SHALL
HAVE ANY RESPONSIBILITY FOR COMPLIANCE BY MEMBER WITH
ANY LAW OR REGULATION GOVERNING MEMBER’S CONDUCT.
MOREOVER, YOU ALSO AGREE THAT NO HEDGESTREET PARTY SHALL
BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS OR
DAMAGE SUSTAINED BY MEMBER, INCLUDING ANY CONSEQUENTIAL
LOSS, LOSS OF PROFIT OR LOSS OF TRADING OPPORTUNITY, AS A
RESULT OF ANY ACTUAL OR PROPOSED TRANSACTIONS OR AS A
DIRECT OR INDIRECT RESULT OF ANY SERVICES PROVIDED BY
HEDGESTREET PARTIES (INCLUDING, WITHOUT LIMITATION, ANY
FAILURE IN HEDGESTREET’S SYSTEMS OR ANY INACCURATE
INFORMATION PROVIDED BY A HEDGESTREET PARTY), UNLESS THE
RELEVANT HEDGESTREET PARTY IS DETERMINED BY FINAL RULING
OF AN ARBITRATION PROCEEDING TO HAVE ACTED OR FAILED TO
ACT IN A MANNER THAT IS GROSSLY NEGLIGENT, RECKLESS, OR
FRAUDULENT. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS
RULE IS INTENDED TO LIMIT THE LIABILITY OF ANY PERSON AS MAY
BE PROVIDED IN THE CEA, THE REGULATIONS OF THE COMMISSION,
OR BY ACTS OF WILLFUL OR WANTON MISCONDUCT OR FRAUD.

(b) [unchanged]

(c) AS A MEMBER, YOU AGREE THAT ANY ACTION YOU
BRING AGAINST A HEDGESTREET PARTY WILL BE GOVERNED BY
ILLINOIS LAW, WITHOUT REGARD TO STATUTES, PRECEDENT, LEGAL
DOCTRINE, OR CONTRACTUAL PROVISIONS THAT WOULD REQUIRE
THE APPLICATION OF THE LAWS OF A DIFFERENT JURISDICTION.

(d) [unchanged]

RULES 10.1 — 10.5 [unchanged] 1825 S. Grant Street
Suite 500
San Mateo, CA 94402
Tel: 650.638.3500
www.hedgestreet.com 2 Fax: 650.638.3501