Distributor Status. The Participant understands and acknowledges that the method by which Shares will 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 such term is used in the 1933 Act, may occur. The Distributor and the Trust hereby caution Participant 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.
3.2 You are not and you must not claim or hold yourself out to be an agent, partner or employee of VivaMK or in a joint venture with VivaMK. You have no authority to negotiate or conclude contracts on VivaMK’s behalf or otherwise to bind VivaMK and you shall not hold yourself out as having such authority. You must not make promises or give commitments or guarantees as to the supply or performance of any Product, except as expressly stated in VivaMK’s literature.
3.3 Your only financial obligations under this agreement is to pay the Business Starter Kit fee and to pay for any such products and services as you shall choose to purchase from the Company within the terms as detailed in section 5 Trading Policy and Payment Procedures. If you have not been invoiced for a product and/or a Business Aids within 60 days, your status will become Inactive. You may return to Active Status by being invoiced for either products and/or a Business Aids within 30 days of going inactive. If you do not re-activate your account within this time your Distributorship Agreement will automatically be terminated. After termination due to inactivity, if you wish to re-join VivaMK then you will need to join an a new distributor with a new identification number and repay any necessary registration fee.
3.4 Distributorships can be registered in the name of a single individual or in the names of no more than two individuals as a joint distributorship. A company cannot become a Distributor.
3.5 Multiple Distributorship’s may be registered at the same residential address but no individual may be party to more than one Distributorship Agreement. Only one distributorship per residential address will be eligible for a credit limit. Any additional accounts registered to the same address will automatically be moved to a Cash With Order 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. 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.
3. Section 9(E) of the MLA is hereby amended and restated to read as follows:
Distributor Status. The Participant understands and acknowledges that the method by which Shares will be created and traded may raise certain issues under applicable securities laws. For example, because new Creation Units may be issued and sold by the Trust on an ongoing basis, at any point a “distribution”, as such term is used in the 1933 Act, may occur. The Distributor, Sponsor and the Trust hereby caution Participant 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. In addition to satisfying the prospectus delivery and disclosure requirements of the 1933 Act, the Participant and any other participant in the distribution of the Shares purchased by the Participant also has the obligation to comply with the disclosure delivery requirements of the CEA.
Distributor Status a. The Distributor shall not represent itself as an agent of the Supplier and shall have no power to bind or obligate the Supplier in any contract or obligation.
b. This contract does not intend to constitute, create, give effect or otherwise recognize the relationship of employer and employee, franchisor and franchisee, a joint venture, partnership or formal business entity of any kind. Each Party shall be at all times and for all purposes an independent contractor and neither Party shall have any authority to create any obligation of any kind, expressed or implied, on behalf of the other Party except as and to the extent provided for in this contract. 1 This being a Model contract - based on the choice of exclusive or non-exclusive, clauses mentioned below can be used, modified or removed. FECC MODEL DISTRIBUTION CONTRACT Original version of 2014; reviewed and updated under EU antitrust law in autumn 2022
c. The Distributor shall operate in the Distributor’s own name and on its own behalf in the Territory as specified in this contract. The Distributor shall not, accordingly, be entitled to act in the other Party’s name or on the other Party’s behalf without the latter’s written authorization beforehand.
d. In the case where the Distributor is unwilling or unable to act as buyer and re-seller it may write to the Supplier suggesting a direct sale to the customer. The Distributor shall not be entitled to any fee or other remuneration for prospecting a direct sale which the Supplier subsequently carries out, except as otherwise agreed by the Parties in writing before the sale is completed. [or] In the case where the Distributor is unwilling or unable to act as buyer and re-seller it may write to the Supplier suggesting a direct sale to the customer. The Distributor shall not be entitled to remuneration for prospecting a direct sale which the Supplier subsequently carries out of….. [Specify].
