Common use of Contracts Advertising Material Clause in Contracts

Contracts Advertising Material. No piece of marketing, advertising or sales literature or other promotional material in which the Company is named shall be used by the Trust or the Distributor, except with the prior written consent of the Company. Any such piece shall be furnished to the Company for such consent prior to its use. The Company shall respond to any request for written consent on a prompt and timely basis, but failure to respond shall not relieve the Trust or the Distributor of the obligation to obtain the prior written consent of the Company and failure to respond to the Trust or the Distributor within three business days shall be deemed as the Company's consent to the use of such sales or marketing literature. After receiving the Company's consent to the use of any such material, no further changes may be made without obtaining the Company's consent to such changes. The Company may at any time in its sole discretion revoke any written consent, and upon notification of such revocation, neither the Trust nor the Distributor shall use the material subject to such revocation. The Company, upon prior written notice to the Trust, may delegate its rights and responsibilities under this provision to the principal underwriter for the Contracts.

Contracts Advertising Material. No The Trust and the Distributor shall not use any piece of marketing, advertising or sales literature or other promotional material in which the Company Company, an Account or a Contract is named shall be used by the Trust or the Distributornamed, except with the prior written consent of the Company. Any such piece The Trust or the Distributor shall be furnished furnish to the Company for each such consent piece of advertising, sales literature or other promotional material at least ten (10) business days prior to its use. The Company shall respond to any request for written consent on a prompt and timely basis, but failure to respond shall not relieve the Trust or the Distributor of the obligation to obtain the prior written consent of the Company and failure to respond to the Trust or the Distributor within three business days shall be deemed as the Company's consent to the use of such sales or marketing literature. After receiving the Company's consent to the use of any such material, no further changes may be made by the Trust or Distributor without obtaining the Company's consent to such changes. The Company may at any time in its sole discretion revoke any written consent, and upon notification of such revocation, neither the Trust nor the Distributor shall use the material subject to such revocation. The Company, upon prior written notice to Trust and the Trust, may delegate its rights and responsibilities under this provision to Distributor shall not be responsible for filing any such materials with the principal underwriter for the ContractsNASD as applicable.