Common use of PROSPECTUSES, SALES PROMOTION MATERIAL AND ADVERTISING Clause in Contracts

PROSPECTUSES, SALES PROMOTION MATERIAL AND ADVERTISING. Broker-Dealer shall be provided, without any expense to Broker-Dealer, with prospectuses relating to the Variable Contracts and such other supplementary sales material as General Distributor determines is necessary or desirable for use in connection with sales of the Variable Contracts. NO SALES PROMOTION MATERIALS OR ANY ADVERTISING RELATING TO THE VARIABLE CONTRACTS, INCLUDING WITHOUT LIMITATION GENERIC ADVERTISING MATERIAL WHICH DOES NOT REFER TO INSURER BY NAME, SHALL BE USED BY BROKER-DEALER UNLESS THE SPECIFIC ITEM HAS BEEN APPROVED IN WRITING BY GENERAL DISTRIBUTOR PRIOR TO SUCH USE. In addition, Broker-Dealer shall not print, publish or distribute any advertisement, circular or any document relating to Insurer unless such advertisement, circular or document shall have been approved in writing by Insurer prior to such use. Upon termination of this Agreement, all prospectuses, sales promotion material, advertising, circulars, documents and software relating to the sales of Insurer's contracts shall be promptly turned over to Insurer free from any claim or retention of rights by the Broker-Dealer. Insurer represents that the prospectus and registration statement relating to the Variable Contracts contain no untrue statements of material fact or omission to state material fact, the omission of which makes any statement contained in the prospectus and registration statement misleading. Insurer agrees to indemnify Broker-Dealer from and against any claims, liabilities and expenses which may be incurred under the Securities Act of 1933, the Investment Company Act of 1940, common law or otherwise arising out of a breach of the agreement in this paragraph.

Appears in 5 contracts

Samples: Selling Agreement (Reliastar Bankers Security Life Insurance Co), Selling Agreement (Reliastar Bankers Security Life Insurance Co), Selling Agreement (Reliastar Bankers Security Life Insurance Co)

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PROSPECTUSES, SALES PROMOTION MATERIAL AND ADVERTISING. Broker-Dealer shall be provided, without any expense to Broker-Dealer, with prospectuses relating to the Variable Contracts and such other supplementary sales material as General Distributor determines is necessary or desirable for use in connection with sales of the Variable ContractsContracts and Traditional Life Insurance Policies. NO SALES PROMOTION MATERIALS OR ANY ADVERTISING RELATING TO THE VARIABLE CONTRACTSCONTRACTS AND TRADITIONAL LIFE INSURANCE POLICIES, INCLUDING WITHOUT LIMITATION GENERIC ADVERTISING MATERIAL WHICH DOES NOT REFER TO INSURER BY NAME, SHALL BE USED BY BROKER-DEALER UNLESS THE SPECIFIC ITEM HAS BEEN APPROVED IN WRITING BY GENERAL DISTRIBUTOR PRIOR TO SUCH USE. In addition, Broker-Dealer shall not print, publish or distribute any advertisement, circular or any document relating to Insurer unless such advertisement, circular or document shall have been approved in writing by Insurer prior to such use. Upon termination of this Agreement, all prospectuses, sales promotion material, advertising, circulars, documents and software relating to the sales of Insurer's contracts shall be promptly turned over to Insurer free from any claim or retention of rights by the Broker-Dealer. Insurer represents that the prospectus and registration statement relating to the Variable Contracts contain no untrue statements of material fact or omission to state material fact, the omission of which makes any statement contained in the prospectus and registration statement misleading. Insurer agrees to indemnify Broker-Dealer from and against any claims, liabilities and expenses which may be incurred under the Securities Act of 1933, the Investment Company Act of 1940, common law or otherwise arising out of a breach of the agreement in this paragraph.

Appears in 3 contracts

Samples: Selling Agreement (Reliastar Bankers Security Life Insurance Co), Selling Agreement (Reliastar Bankers Security Life Insurance Co), Selling Agreement (Reliastar Bankers Security Life Insurance Co)

PROSPECTUSES, SALES PROMOTION MATERIAL AND ADVERTISING. Broker-Dealer shall be provided, without any expense to Broker-Broker Dealer, with prospectuses relating to the Variable Contracts and such other supplementary sales material as General Distributor determines is necessary or desirable for use in connection with sales of the Variable ContractsContracts and Traditional Life Insurance Policies. NO SALES PROMOTION MATERIALS OR ANY ADVERTISING RELATING TO THE VARIABLE CONTRACTSCONTRACTS AND TRADITIONAL LIFE INSURANCE POLICIES, INCLUDING WITHOUT LIMITATION GENERIC ADVERTISING MATERIAL WHICH DOES NOT REFER TO INSURER BY NAME, SHALL BE USED BY BROKER-BROKER DEALER UNLESS THE SPECIFIC ITEM HAS BEEN APPROVED IN WRITING BY GENERAL DISTRIBUTOR PRIOR TO SUCH USE. In addition, Broker-Broker Dealer shall not print, publish or distribute any advertisement, circular or any document relating to Insurer unless such advertisement, circular or document shall have been approved in writing by Insurer prior to such use. Upon termination of this Agreement, all prospectuses, sales promotion material, advertising, circulars, documents and software relating to the sales of Insurer's contracts shall be promptly turned over to Insurer free from any claim or retention of rights by the Broker-Broker Dealer. Insurer represents that the prospectus and registration statement relating to the Variable Contracts contain no untrue statements of material fact or omission to state material fact, the omission of which makes any statement contained in the prospectus and registration statement misleading. Insurer agrees to indemnify Broker-Broker Dealer from and against any claims, liabilities and expenses which may be incurred under the Securities Act of 1933, the Investment Company Act of 1940, common law or otherwise arising out of a breach of the agreement in this paragraph. Broker Dealer agrees to hold harmless and indemnify Insurer and General Distributor against any and all claims, liabilities and expenses which Insurer or General Distributor may incur from liabilities arising out of or based upon any alleged or untrue statement other than statements contained in the registration statement, prospectus or approved sales material of any Variable Contract. In accordance with the requirements of the laws of the several states, Broker Dealer shall maintain complete records indicating the manner and extent of distribution of any such solicitation material, shall make such records and files available to staff of Insurer or its designated agent in field inspections and shall make such material available to personnel of state insurance departments, the NASD or other regulatory agencies, including the SEC, which have regulatory authority over Insurer or General Distributor. Broker Dealer holds Insurer, General Distributor and their affiliates harmless from any liability arising from the use of any material which either (a) has not been specifically approved by Insurer in writing, or (b) although previously approved, has been disapproved, in writing, for further use.

Appears in 1 contract

Samples: Broker Dealer Agency Selling Agreement (Select Life Variable Account)

PROSPECTUSES, SALES PROMOTION MATERIAL AND ADVERTISING. Broker-Dealer shall be provided, without any expense to Broker-Broker Dealer, with prospectuses relating to the Variable Contracts and such other supplementary sales material as General Distributor determines is necessary or desirable for use in connection with sales of the Variable Contracts. NO SALES PROMOTION MATERIALS OR ANY ADVERTISING RELATING TO THE VARIABLE CONTRACTS, INCLUDING WITHOUT LIMITATION GENERIC ADVERTISING MATERIAL WHICH DOES NOT REFER TO INSURER BY NAME, SHALL BE USED BY BROKER-BROKER DEALER UNLESS THE SPECIFIC ITEM HAS BEEN APPROVED IN WRITING BY GENERAL DISTRIBUTOR PRIOR TO SUCH USE. In addition, Broker-Broker Dealer shall not print, publish or distribute any advertisement, circular or any document relating to Insurer unless such advertisement, circular or document shall have been approved in writing by Insurer prior to such use. Upon termination of this Agreement, all prospectuses, sales promotion material, advertising, circulars, documents and software relating to the sales of Insurer's contracts shall be promptly turned over to Insurer free from any claim or retention of rights by the Broker-Broker Dealer. Insurer represents that the prospectus and registration statement relating to the Variable Contracts contain no untrue statements of material fact or omission to state material fact, the omission of which makes any statement contained in the prospectus and registration statement misleading. Insurer agrees to indemnify Broker-Broker Dealer from and against any claims, liabilities and expenses which may be incurred under the Securities Act of 1933, the Investment Company Act of 1940, common law or otherwise arising out of a breach of the agreement in this paragraph. Broker Dealer agrees to hold harmless and indemnify Insurer and General Distributor against any and all claims, liabilities and expenses which Insurer or General Distributor may incur from liabilities arising out of or based upon any alleged or untrue statement other than statements contained in the registration statement, prospectus or approved sales material of any Variable Contract. In accordance with the requirements of the laws of the several states, Broker Dealer shall maintain complete records indicating the manner and extent of distribution of any such solicitation material, shall make such records and files available to staff of Insurer or its designated agent in field inspections and shall make such material available to personnel of state insurance departments, the NASD or other regulatory agencies, including the SEC, which have regulatory authority over Insurer or General Distributor. Broker Dealer holds Insurer, General Distributor and their affiliates harmless from any liability arising from the use of any material which either (a) has not been specifically approved by Insurer in writing, or (b) although previously approved, has been disapproved, in writing, for further use.

Appears in 1 contract

Samples: Broker Dealer Agency Selling Agreement (Select Life Variable Account)

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PROSPECTUSES, SALES PROMOTION MATERIAL AND ADVERTISING. Broker-Dealer shall be provided, without any expense to Broker-Broker Dealer, with prospectuses relating to the Variable Contracts and such other supplementary sales material as General Distributor determines is necessary or desirable for use in connection with sales of the Variable Contracts. NO SALES PROMOTION MATERIALS OR ANY ADVERTISING RELATING TO THE VARIABLE CONTRACTSNo sales promotion materials or any advertising relating to the Variable Contracts, INCLUDING WITHOUT LIMITATION GENERIC ADVERTISING MATERIAL WHICH DOES NOT REFER TO INSURER BY NAMEincluding without limitation generic advertising material which does not refer to Insurer by name, SHALL BE USED BY BROKER-DEALER UNLESS THE SPECIFIC ITEM HAS BEEN APPROVED IN WRITING BY GENERAL DISTRIBUTOR PRIOR TO SUCH USEshall be used by Broker Dealer unless the specific item has been approved in writing by General Distributor prior to such use. In addition, Broker-Broker Dealer shall not print, publish or distribute any advertisement, circular or any document relating to Insurer unless such advertisement, circular or document shall have been approved in writing by Insurer prior to such use. Upon termination of this Agreement, all prospectuses, sales promotion material, advertising, circulars, documents and software relating to the sales of Insurer's contracts shall be promptly turned over to Insurer free from any claim or retention of rights by the Broker-Broker Dealer. Insurer represents that the prospectus and registration statement relating to the Variable Contracts contain no untrue statements of material fact or omission to state material fact, the omission of which makes any statement contained in the prospectus and registration statement misleading. Insurer agrees to indemnify Broker-Broker Dealer from and against any claims, liabilities and expenses which may be incurred under the Securities Act of 1933, the Investment Company Act of 1940, common law or otherwise arising out of a breach of the agreement in this paragraph. Broker Dealer agrees to hold harmless and indemnify Insurer and General Distributor against any and all claims, liabilities and expenses which Insurer or General Distributor may incur from liabilities arising out of or based upon any alleged or untrue statement other than statements contained in the registration statement, prospectus or approved sales material of any Variable Contract. In accordance with the requirements of the laws of the several states, Broker Dealer shall maintain complete records indicating the manner and extent of distribution of any such solicitation material, shall make such records and files available to staff of Insurer or its designated agent in field inspections and shall make such material available to personnel of state insurance departments, the NASD or other regulatory agencies, including the SEC, which have regulatory authority over Insurer or General Distributor. Broker Dealer holds Insurer, General Distributor and their affiliates harmless from any liability arising from the use of any material which either (a) has not been specifically approved by Insurer in writing, or (b) although previously approved, has been disapproved, in writing, for further use.

Appears in 1 contract

Samples: Broker Dealer Selling Agreement (Reliastar Life Insur Co of Ny Var Annuity Separate Acct Ii)

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