Common use of No Promotion Clause in Contracts

No Promotion. Each of the Trust and the Distributor agrees that it will not, without the prior written consent of the Participant in each instance, (i) use in advertising, publicity, or otherwise the name of the Participant or any affiliate of the Participant, or any partner or employee of the Participant, nor any trade name, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof owned by the Participant or its affiliates, or (ii) represent, directly or indirectly, that any product or any service provided by the Trust or Distributor has been approved or endorsed by the Participant. Furthermore, the Distributor and the Participant agree that they will not, without the prior written consent of the other party in each such instance, disclose the terms of this Agreement, except for use in accordance with this Agreement or to the parties’ respective officers, directors, employees, agents and representatives for use in accordance with this Agreement or as required by any applicable law or regulatory body. This provision shall survive termination or expiration of this Agreement.

Appears in 41 contracts

Samples: Participant Agreement (Invesco Exchange-Traded Self-Indexed Fund Trust), Participant Agreement (PowerShares Exchange-Traded Fund Trust II), Participant Agreement (PowerShares India Exchange-Traded Fund Trust)

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No Promotion. Each of the Trust Trust, the Distributor and the Distributor Transfer Agent agrees that it will not, without the prior written consent of the Participant in each instance, (i) use in advertising, publicity, or otherwise the name of the Participant or any affiliate of the Participant, or any partner or employee of the Participant, nor any trade name, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof owned by the Participant or its affiliates, or (ii) represent, directly or indirectly, that any product or any service provided by the Trust Trust, Distributor or Distributor Transfer Agent has been approved or endorsed by the Participant. Furthermore, the Distributor and the Transfer Agent and Participant agree that they will not, without the prior written consent of the other party two parties in each such instance, instance disclose the terms of this Agreement, except for use in accordance with this Agreement or to the parties’ respective officers, directors, employees, agents and representatives for use in accordance with this Agreement or as required by any applicable law or regulatory body. This provision shall survive termination or expiration of this the Agreement.

Appears in 13 contracts

Samples: Participant Agreement (PowerShares India Exchange-Traded Fund Trust), Transfer Agency and Service Agreement (Powershares Actively Managed Exchange-Traded Fund Trust), Transfer Agency and Service Agreement (Powershares Actively Managed Exchange-Traded Fund Trust)

No Promotion. Each of the Trust Trust, the Distributor and the Distributor Transfer Agent agrees that it will not, without the prior written consent of the Participant in each instance, (i) use in advertising, publicity, or otherwise the name of the Participant or any affiliate of the Participant, or any partner or employee of the Participant, nor any trade name, trademark, trade device, service xxxxmark, symbol or any abbreviationabbreviatiox, contraction xontraction or simulation thereof owned by the Participant or its affiliates, or (ii) represent, directly or indirectly, that any product or any service provided by the Trust Trust, Distributor or Distributor Transfer Agent has been approved or endorsed by the Participant. Furthermore, the Distributor and the Transfer Agent and Participant agree that they will not, without the prior written consent of the other party two parties in each such instance, instance disclose the terms of this Agreement, except for use in accordance with this Agreement or to the parties' respective officers, directors, employees, agents and representatives for use in accordance with this Agreement or as required by any applicable law or regulatory body. This provision shall survive termination or expiration of this the Agreement.

Appears in 2 contracts

Samples: Participant Agreement (Claymore Exchange-Traded Fund Trust), Participant Agreement (Claymore Exchange-Traded Fund Trust)

No Promotion. Each of the Trust and the Distributor agrees that it will not, without the prior written consent of the Participant in each instance, (i) use in advertising, publicity, or otherwise the name of the Participant or any affiliate of the Participant, or any partner or employee of the Participant, nor any trade name, trademark, trade device, service xxxxmark, symbol or any abbreviation, contraction or simulation thereof owned by the Participant or its affiliates, or (ii) represent, directly or indirectly, that any product or any service provided by the Trust or Distributor has been approved or endorsed by the Participant. Furthermore, the Distributor and the Participant agree that they will not, without the prior written consent of the other party in each such instance, disclose the terms of this Agreement, except for use in accordance with this Agreement or to the parties’ respective officers, directors, employees, agents and representatives for use in accordance with this Agreement or as required by any applicable law or regulatory body. This provision shall survive termination or expiration of this Agreement.

Appears in 1 contract

Samples: Participant Agreement (Invesco Actively Managed Exchange-Traded Commodity Fund Trust)

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No Promotion. Each of the Trust Trust, the Distributor and the Distributor Transfer Agent agrees that it will not, without the prior written consent of the Participant in each instance, (i) use in advertising, publicity, or otherwise the name of the Participant or any affiliate of the Participant, or any partner or employee of the Participant, nor any trade name, trademark, trade device, service xxxxmark, symbol or any abbreviationabbreviatixx, contraction or simulation thereof owned by the Participant or its affiliates, or (ii) represent, directly or indirectly, that any product or any service provided by the Trust Trust, Distributor or Distributor Transfer Agent has been approved or endorsed by the Participant. Furthermore, the Distributor and the Transfer Agent and Participant agree that they will not, without the prior written consent of the other party two parties in each such instance, instance disclose the terms of this Agreement, except for use in accordance with this Agreement or to the parties' respective officers, directors, employees, agents and representatives for use in accordance with this Agreement or as required by any applicable law or regulatory body. This provision shall survive termination or expiration of this the Agreement.

Appears in 1 contract

Samples: Participant Agreement (Claymore Exchange-Traded Fund Trust 2)

No Promotion. Each of the Trust Trust, the Distributor and the Distributor Transfer Agent agrees that it will not, without the prior written consent of the Participant in each instance, (i) use in advertising, publicity, or otherwise the name of the Participant or any affiliate of the Participant, or any partner or employee of the Participant, nor any trade name, trademark, trade device, service xxxxmark, symbol or any abbreviationabbreviatxxx, contraction or simulation thereof owned by the Participant or its affiliates, or (ii) represent, directly or indirectly, that any product or any service provided by the Trust Trust, Distributor or Distributor Transfer Agent has been approved or endorsed by the Participant. Furthermore, the Distributor and the Transfer Agent and Participant agree that they will not, without the prior written consent of the other party two parties in each such instance, instance disclose the terms of this Agreement, except for use in accordance with this Agreement or to the parties' respective officers, directors, employees, agents and representatives for use in accordance with this Agreement or as required by any applicable law or regulatory body. This provision shall survive termination or expiration of this the Agreement.

Appears in 1 contract

Samples: Participant Agreement (Market Vectors Trust)

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