Common use of Approval of Marketing Materials Clause in Contracts

Approval of Marketing Materials. a. Insurance Company may, based on the information supplied by AFD, prepare communications regarding the Funds. In addition, Insurance Company may prepare Fund-related materials, based on performance information supplied by third party information providers (e.g., Lipper, Morningstar). Insurance Company shall provide copies of all such Fund-related materials to AFD at an address to be provided prior to their first use for its review and AFD shall have five business days to approve or reject such material. If AFD or its designee does not respond within five business days, the material will be deemed approved by AFD. It is understood that AFD shall be responsible for errors or omissions in, or the content of, such Fund-related materials based upon information supplied by or on behalf of the Funds or approved by it pursuant to this Agreement. Insurance Company shall be responsible for all other errors or omissions. b. Neither Insurance Company nor any person associated with Insurance Company shall make representations concerning a Fund, CRMC or its affiliates, except those contained in the current promotional literature produced by AFD, unless approved in writing by AFD. Neither Insurance Company, Distributor, nor any affiliate shall make use of the names, logos or any likeness of the Funds, CRMC or its affiliates without the prior consent of AFD as described in section 7(a) of this Agreement. c. Insurance Company shall have the right to approve all material that mentions the name, logo or likeness of Insurance Company, Distributor or their affiliates, or the Contracts (the “Insurance Company Material”) prior to its use. AFD and/or CRMC shall send all Insurance Company Material to Insurance Company at an address to be provided. d. Insurance Company Material will be deemed approved unless the reviewer for Insurance Company notifies AFD and/or CRMC of any required changes within five business days of his/her receipt of Insurance Company Material. e. Neither AFD, CRMC, nor any person associated with either of them shall make representations concerning a Insurance Company, Distributor or their affiliates, except those contained in the current promotional literature produced by Insurance Company, unless approved in writing by Insurance Company. Neither AFD, CRMC, nor any affiliate shall make use of the names, logos or any likeness of Insurance Company, Distributor or their affiliates without the prior consent of Insurance Company as described in section 7 of this Agreement.