Distributor Status. The Participant understands and acknowledges that the method by which Creation Units will be created and traded may raise certain issues under applicable securities laws. For example, because new Creation Units of Shares may be issued and sold by the Fund on an ongoing basis, at any point a “distribution”, as such term is used in the 1933 Act, may occur. The Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in its being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Participant also understands and acknowledges that dealers who are not “underwriters” but are effecting transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a prospectus.
Distributor Status. The Participant understands and acknowledges that the method by which Creation Units will be created and traded may raise certain issues under applicable securities laws, rules and regulations. For example, because new Creation Units of Shares may be issued and sold by a Fund on an ongoing basis, a “distribution,” as such term is used in the Securities Act, may occur at any point. The Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in it being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the Securities Act. The Participant also understands and acknowledges that dealers who are not “underwriters,” but who effect transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a Prospectus.
Distributor Status. The Participant understands and acknowledges that the method by which Creation Units will be created and traded may raise certain issues under applicable securities laws, rules and regulations. For example, because new Creation Units of Shares may be issued and sold by a Fund on an ongoing basis, a “distribution,” as such term is used in the Securities Act, may occur at any point. The Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in it being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the Securities Act. Neither the Distributor nor the Transfer Agent will indemnify the Participant for any violations of the federal securities laws committed by the Participant. The Participant also understands and acknowledges that dealers who are not “underwriters,” but who effect transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a Prospectus.
Distributor Status. For the purpose of carrying out this Agreement, DISTRIBUTOR shall be and act as independent contractor and not as an agent or employee of DIADEXUS and shall not be entitled to any benefits applicable to employees of DIADEXUS nor have to power to bind, and agrees not to attempt to bind, DIADEXUS to any contract, warranty or representation without prior written approval thereof from DIADEXUS.
Distributor Status. The Participant understands and acknowledges that the method by which Shares shall be created and traded may raise certain issues under applicable securities laws and regulations. For example, because new Creation Units may be issued and sold by the Trust on an ongoing basis, at any point a “distribution,” as said term is used in the 1933 Act, may occur. The Distributor and the Trust hereby caution the Participant that some activities on the Participant’s part, depending on the circumstances, may result in the Participant’s being deemed a participant in a distribution in a manner which could render the Participant a statutory underwriter and subject the Participant to the prospectus delivery and liability provisions of the 1933 Act. The Participant also understands and acknowledges that dealers who are not “underwriters,” but who are effecting transactions in Shares, whether or not participating in the distribution of Shares, generally are required by U.S. law to deliver a Prospectus unless an exception under the 1933 Act applies. For the avoidance of doubt, the Parties hereto acknowledge and agree that the Participant is not a statutory underwriter of the Shares. Neither the Distributor nor the Index Receipt Agent nor the Trust shall provide any direction to the Participant that would cause the Participant to violate the federal securities laws, and neither the Distributor nor the Index Receipt Agent nor the Trust shall indemnify the Participant for any violations of the federal securities laws committed by the Participant.
Distributor Status. 3.1 As an independent Distributor, you will run your own business through the distribution of VivaMK Products. Buying from VivaMK and reselling these to your customers on your own VivaMK distributor account.
Distributor Status. All individuals and organizations registering as a Distributor are subject to verification by GRi. Registration of a Support and Maintenance contract is necessary to acquire Distributor status. These contracts must be renewed annually, and a notification will be sent to all distributors one month prior to expiration of their Support and Maintenance contracts. Support and Maintenance: Please refer to the “Support & Maintenance Contract for Online Sales” for details regarding terms and conditions of customer support. That agreement takes precedence over other agreements made with regards to provision of customer support and maintenance of software.
Distributor Status. Any change in status of FCStone Trading, LLC as distributor must have prior approval of CoBank, and new distributor must receive prior approval of CoBank.
Distributor Status. Nothing in this Agreement shall be construed in such a manner as to constitute the Distributor as agent or legal representative of Seller for any purpose whatsoever. Distributor shall have no authority whatsoever, whether express or implied, to assume, create or incur any obligation or liability whatsoever on behalf or in the name of Seller, or to bind Seller in any manner whatsoever. Seller shall not be liable for any damages, loss, cost, or expense whatsoever, including incidental or consequential damages, resulting from any sale, service, repair or replacement performed by Distributor, except to the extent expressly provided herein with respect to the Product warranty pursuant to Paragraph 9 of this Agreement.
Distributor Status. The Distributor will not be acted upon as an employee for the purpose of paying federal tax or state tax. All of the distributors are independent employees doing their own businesses separately and independently. The distributor is not deemed as a franchise buyer, or the agreement between Hylife and the Distributor does not lead to the relationships of employer/employee, agent, partner or co-investor. The Distributor is not strictly allowed to talk or imply, verbally or in writing, about the relationship between Hylife and the Distributor beyond that mentioned above. Each distributor shall prevent Hylife from claims. Damages and responsibilities caused from the Distributor’s business operations are not binding Hylife to any obligations. Each distributor will be provided with the promotion system to identify their own working hours and sales methods and sales promotions as long as the Distributor conforms to the conditions in the agreement.
