Questions 5. and 8. are ambiguous when it comes to trading a personal account to make a living. Under IRS rules, if I qualify and declare trader tax status, then I report expenses as a business. The default business is a sole proprietorship. Does a sole proprietorship check the box for either 5. or 8.? Only by looking at the full document for determining Non-professional status and asking about it here on ET could I come to any conclusion. In my particular case, I would not be considered a professional for data fee purposes. If I create an entity to trade through, then I would be a professional. I didn't find these questions trivial to answer though.
If you claim trader tax status you are by definition a professional in the eyes of the exchange. This was verified by an accountant who specializes in trader tax law.