BROKER-DEALER COMPENSATION AND DISTRIBUTOR PROMOTIONAL ALLOWANCES. A. The Company shall compensate Broker-Dealers for sales of the Contracts by the Broker-Dealers pursuant to Schedule 4 to this Agreement, as such Schedule may be amended from time to time upon mutual agreement of the parties to this Agreement. Such compensation shall be based on Purchase Payments received and accepted by the Company for all Contracts issued on applications obtained by the Broker-Dealers or any of their respective Representatives. The Company will pay compensation due Broker-Dealers in accordance with the procedures set forth on Schedule 4. The compensation provided for in this Section 9 shall be payable to the Broker-Dealer in accordance with the Sales Agreement between the Underwriter and the Broker-Dealer for so long as the Contracts are outstanding regardless of whether this Agreement is still in effect. In addition to the Compensation payable to Broker-Dealers, the Company shall pay Distributor a Promotional Allowance as a reimbursement for its expenses incurred relating to its wholesaling activities contemplated by this Agreement. Promotional Allowances shall be payable to Distributor in such amount and in accordance with the procedures as set forth on Schedule 4, as such Schedule may be amended from time to time upon mutual agreement of the parties to this Agreement. Promotional Allowances shall be payable to Distributor for so long as the Contracts are outstanding and this Agreement remains in effect. If any State in the Territory by insurance rule, regulation or statute, prohibits payment of Promotional Allowances to the Distributor, the Distributor shall designate in writing a business entity or natural person, including Distributor Agency Affiliates, meeting the requirements of such State to receive any amounts that may otherwise be payable to the Distributor hereunder. The Distributor may change such designation from time to time upon written notice to the Company. Any payments made by the Company to any person or entity so designated by the Distributor shall discharge the Company's liability to the Distributor hereunder. If a purchaser rescinds a Contract or exercises a right to surrender a contract for return of all Purchase Payments, the Distributor will pay on demand the amount of any Promotional Allowances it received on the Purchase Payments returned.
Appears in 2 contracts
Samples: Wholesaling Agreement (Fulcrum Separate Account of First Allmerica Fin Life Ins Co), Wholesaling Agreement (Fulcrum Separate Account Allmerica Fin Life Ins & Annuity Co)
BROKER-DEALER COMPENSATION AND DISTRIBUTOR PROMOTIONAL ALLOWANCES. A. The Company shall compensate Broker-Dealers for sales of the Contracts by the Broker-Dealers pursuant to Schedule 4 to this Agreement, as such Schedule may be amended from time to time upon mutual agreement of the parties to this Agreement. Such compensation shall be based on Purchase Payments received and accepted by the Company for all Contracts issued on applications obtained by the Broker-Dealers or any of their respective Representatives. The Company will pay compensation due Broker-Dealers in accordance with the procedures set forth on Schedule 4. The compensation provided for in this Section 9 shall be payable to the Broker-Dealer in accordance with the Sales Agreement between the Underwriter and the Broker-Broker- Dealer for so long as the Contracts are outstanding regardless of whether this Agreement is still in effect. In addition to the Compensation payable to Broker-Dealers, the Company shall pay Distributor a Promotional Allowance as a reimbursement for its expenses incurred relating to its wholesaling activities contemplated by this Agreement. Promotional Allowances shall be payable to Distributor in such amount and in accordance with the procedures as set forth on Schedule 4, as such Schedule may be amended from time to time upon mutual agreement of the parties to this Agreement. Promotional Allowances shall be payable to Distributor for so long as the Contracts are outstanding and this Agreement remains in effect. If any State in the Territory by insurance rule, regulation or statute, prohibits payment of Promotional Allowances to the Distributor, the Distributor shall designate in writing a business entity or natural person, including Distributor Agency Affiliates, meeting the requirements of such State to receive any amounts that may otherwise be payable to the Distributor hereunder. The Distributor may change such designation from time to time upon written notice to the Company. Any payments made by the Company to any person or entity so designated by the Distributor shall discharge the Company's liability to the Distributor hereunder. If a purchaser rescinds a Contract or exercises a right to surrender a contract for return of all Purchase Payments, the Distributor will pay on demand the amount of any Promotional Allowances it received on the Purchase Payments returned.
Appears in 1 contract
Samples: Wholesaling Agreement (Fulcrum Separate Account of Allmerica Fin Life Ins & Ann Co)
BROKER-DEALER COMPENSATION AND DISTRIBUTOR PROMOTIONAL ALLOWANCES. A. a. The Company shall compensate Broker-Dealers for sales of the Contracts by the Broker-Dealers pursuant to Schedule 4 to this Agreement, as such Schedule may be amended from time to time upon mutual agreement of the parties to this Agreement. Such compensation shall be based on Purchase Payments received and accepted by the Company for all Contracts issued on applications obtained by the Broker-Dealers or any of their respective Representatives. The Company will pay compensation due Broker-Dealers in accordance with the procedures set forth on Schedule 4. The compensation provided for in this Section 9 shall be payable to the Broker-Dealer in accordance with the Sales Agreement between the Underwriter and the Broker-Dealer for so long as the Contracts are outstanding regardless of whether this Agreement is still in effect. In addition to the Compensation payable to Broker-Dealers, the Company shall pay Distributor a Promotional Allowance as a reimbursement for its expenses incurred relating to its wholesaling activities contemplated by this Agreement. Promotional Allowances shall be payable to Distributor in such amount and in accordance with the procedures as set forth on Schedule 4, as such Schedule may be amended from time to time upon mutual agreement of the parties to this Agreement. Promotional Allowances shall be payable to Distributor for so long as the Contracts are outstanding and this Agreement remains in effect. If any State in the Territory by insurance rule, regulation or statute, prohibits payment of Promotional Allowances to the Distributor, the Distributor shall designate in writing a business entity or natural person, including Distributor Agency Affiliates, meeting the requirements of such State to receive any amounts that may otherwise be payable to the Distributor hereunder. The Distributor may change such designation from time to time upon written notice to the Company. Any payments made by the Company to any person or entity so designated by the Distributor shall discharge the Company's liability to the Distributor hereunder. If a purchaser rescinds a Contract or exercises a right to surrender a contract for return of all Purchase Payments, the Distributor will pay on demand the amount of any Promotional Allowances it received on the Purchase Payments returned.
Appears in 1 contract
Samples: Wholesaling Agreement (Separate Account Va-P of Allmerica Fin Life Insur & Annu Co)