Common use of Authorized Marketing Materials Clause in Contracts

Authorized Marketing Materials. (a) Subsequent to having been notified in writing by Farmers to commence offers and sales of the Contracts, the Distributor, in connection with its distribution activities hereunder, will utilize no Prospectus purporting to meet the requirements of Section 10(a) of the 1933 Act other than the one so designated by Farmers. As to other types of sales material used in connection with its distribution activities, the Distributor agrees that it will provide to Retailers only such sales materials as have been authorized in writing for use by Farmers, and only for the period so authorized, and which (except for Registration Statements, Prospectuses, Statements of Additional Information and other sales materials that the Distributor has determined are not required to be filed with the NASD) have been filed by the Distributor with the NASD. Farmers has the right to recall sales materials from use at any time by notice to the Distributor. If sales materials are recalled by Farmers, Distributor will promptly cease to use such sales materials and will notify Retailers to promptly cease to use and to destroy any unused materials. The Distributor shall promptly furnish to Farmers copies of any letters from the NASD requesting changes in any sales materials used or to be used in connection with its distribution activities hereunder, and shall not, after receipt of such a letter, use such sales materials until Farmers shall have approved (or re-approved, as applicable) their use in writing. For purposes of this Agreement, the phrase “sales material” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic communications, the Internet or other public media), sales literature (i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article whether in electronic or paper form), Registration Statements, Prospectuses, Statements of Additional Information, shareholder reports, and proxy materials. (b) The Distributor will not distribute any Prospectus, sales material, or any other printed matter or material in the marketing and distribution of any Contract if, to the knowledge of the Distributor, any of the foregoing contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. (c) Farmers, at no cost to the Distributor, shall be responsible for developing (with the assistance of the Distributor) and printing all sales materials to be used in connection with the offer and sale of the Contracts and providing such materials to Distributor. Farmers shall not give any information or make any statements about the Distributor or its affiliates in connection with the sale of Contracts except with the express written permission of the Distributor. Farmers agrees that it shall file such sales materials with any insurance regulatory authorities as required.

Appears in 1 contract

Samples: Distribution Agreement (Farmers Variable Life Separate Account A)

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Authorized Marketing Materials. (a) Subsequent to having been notified in writing by Farmers Anchor to commence offers and sales of the Contracts, the Distributor, in connection with its distribution activities hereunder, will utilize no Prospectus purporting to meet the requirements of Section 10(a) of the 1933 Act other than the one so designated by FarmersAnchor. As to other types of sales material used in connection with its distribution activities, the Distributor agrees that it will provide use, and pursuant to Retailers Selling Agreements will require selling broker-dealers to use, only such sales materials as have been authorized in writing for use by Farmers, and only for the period so authorizedAnchor, and which (except for Registration Statements, Prospectuses, Statements of Additional Information and other sales materials that the Distributor has determined are not required to be filed with the NASD) have been filed by the Distributor with the NASD. Farmers has the right to recall sales materials from use at any time by notice to the Distributor. If sales materials are recalled by Farmers, Distributor will promptly cease to use such sales materials and will notify Retailers to promptly cease to use and to destroy any unused materials. The Distributor shall promptly furnish to Farmers copies of any letters from the NASD requesting changes in any sales materials used or to be used in connection with its distribution activities hereunder, and shall not, after receipt of such a letter, use such sales materials until Farmers shall have approved (where necessary or re-approved, as applicable) their use in writingrequired. For purposes of this Agreement, the phrase "sales material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic communications, the Internet or other public media), sales literature (i.e.I.E., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article whether in electronic or paper formarticle), Registration Statements, Prospectuses, Statements of Additional Information, shareholder reports, and proxy materials. (b) The Distributor will not distribute any Prospectus, sales material, or any other printed matter or material in the marketing and distribution of any Contract if, to the knowledge of the Distributor, any of the foregoing contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under with which they were made, not misleading. (c) FarmersAnchor, at no cost to the Distributorits sole cost, shall be responsible for developing (with the assistance of the Distributor) ), printing and printing distributing all sales materials to be used in connection with the offer and sale of the Contracts and providing such materials to DistributorContracts. Farmers Anchor shall not give any information or make any statements about the Distributor or its affiliates in connection with the sale of Contracts except with the express written permission of the Distributor. Farmers Anchor agrees that it shall file such sales materials with any insurance regulatory authorities as required.authorities

Appears in 1 contract

Samples: Distribution Agreement (Variable Separate Account of Anchor National Life Insur Co)

Authorized Marketing Materials. (a) Subsequent to having been notified in writing by Farmers FSLIC to commence offers and sales of the Contracts, the Distributor, in connection with its distribution activities hereunder, will utilize no Prospectus purporting to meet the requirements of Section 10(a) of the 1933 Act other than the one so designated by FarmersFSLIC. As to other types of sales material used in connection with its distribution activities, the Distributor agrees that it will provide use, and pursuant to Retailers Selling Agreements will require selling broker-dealers to use, only such sales materials as have been authorized in writing for use by Farmers, and only for the period so authorizedFSLIC, and which (except for Registration Statements, Prospectuses, Statements of Additional Information and other sales materials that the Distributor has determined are not required to be filed with the NASD) have been filed by the Distributor with the NASD. Farmers has the right to recall sales materials from use at any time by notice to the Distributor. If sales materials are recalled by Farmers, Distributor will promptly cease to use such sales materials and will notify Retailers to promptly cease to use and to destroy any unused materialsapproved where necessary or required. The Distributor shall promptly furnish to Farmers FSLIC copies of any letters from the NASD requesting changes in any sales materials used or to be used in connection with its distribution activities hereunder, and shall not, after receipt of such a letter, use such sales materials until Farmers FSLIC shall have approved (or re-approved, as applicable) their use in writing. For purposes of this Agreement, the phrase "sales material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic communications, the Internet or other public media), sales literature (i.e., any ----- written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article whether in electronic or paper formarticle), Registration Statements, Prospectuses, Statements of Additional Information, shareholder reports, and proxy materials. (b) The Distributor will not distribute any Prospectus, sales material, or any other printed matter or material in the marketing and distribution of any Contract if, to the knowledge of the Distributor, any of the foregoing contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under with which they were made, not misleading. (c) FarmersFSLIC, at no cost to the Distributorits sole cost, shall be responsible for developing (with the assistance of the Distributor) ), printing and printing distributing all sales materials to be used in connection with the offer and sale of the Contracts and providing such materials to DistributorContracts. Farmers FSLIC shall not give any information or make any statements about the Distributor or its affiliates in connection with the sale of Contracts except with the express written permission of the Distributor. Farmers FSLIC agrees that it shall file such sales materials with any insurance regulatory authorities as requiredauthorities.

Appears in 1 contract

Samples: Distribution Agreement (Fs Variable Separate Account)

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Authorized Marketing Materials. (a) Subsequent to having been notified in writing by Farmers to commence offers and sales of the Contracts, the The Distributor, in connection with its distribution activities hereunder, will utilize no Prospectus purporting to meet the requirements of Section 10(a) of the 1933 Act other than the one so designated by FarmersInsurance Company. As to other types of sales material used in connection with its distribution activities, the Distributor agrees that it will provide to Retailers only such sales materials as have been authorized in writing for use by FarmersInsurance Company, and only for the period so authorized, and which (except for Registration Statements, Prospectuses, Statements of Additional Information and other sales materials that the Distributor has determined are not required to be filed with the NASD) have been filed by the Distributor with the NASD. Farmers Insurance Company has the right to recall sales materials from use at any time by notice to the Distributor. If sales materials are recalled by FarmersInsurance Company, Distributor will promptly cease to use such sales materials and will notify Retailers to promptly cease to use and to destroy any unused materials. The Distributor shall promptly furnish to Farmers Insurance Company copies of any letters from the NASD requesting changes in any sales materials used or to be used in connection with its distribution activities hereunder, and shall not, after receipt of such a letter, use such sales materials until Farmers Insurance Company shall have approved (or re-approved, as applicable) their use in writing. For purposes of this Agreement, the phrase "sales material" includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings), electronic communications, the Internet or other public media), sales literature (i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article whether in electronic or paper form), Registration Statements, Prospectuses, Statements of Additional Information, shareholder reports, and proxy materials. (b) The Distributor will not distribute any Prospectus, sales material, or any other printed matter or material in the marketing and distribution of any Contract if, to the knowledge of the Distributor, any of the foregoing contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. (c) Farmers, at no cost to the Distributor, shall be responsible for developing (with the assistance of the Distributor) and printing all sales materials to be used in connection with the offer and sale of the Contracts and providing such materials to Distributor. Farmers shall not give any information or make any statements about the Distributor or its affiliates in connection with the sale of Contracts except with the express written permission of the Distributor. Farmers Insurance Company agrees that it shall file such sales materials with any insurance regulatory authorities as required.

Appears in 1 contract

Samples: Distribution Agreement (Corporate Sponsored Vul Separate Account I)

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