Common use of Reference to Adviser and Subadviser Clause in Contracts

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 58 contracts

Samples: Sub Advisory Agreement (Advisors Preferred Trust), Subadvisory Agreement (Northern Lights Fund Trust Ii), Subadvisory Agreement (Northern Lights Fund Trust Iii)

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Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 24 contracts

Samples: Subadvisory Agreement (Northern Lights Fund Trust), Subadvisory Agreement (Northern Lights Variable Trust), Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Funds or by the Subadviser to the Fund or to the SubadviserAdviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 20 contracts

Samples: Sub Advisory Agreement (Northern Lights Fund Trust Iii), Sub Advisory Agreement (Northern Lights Fund Trust Iii), Sub Advisory Agreement (Northern Lights Fund Trust Iii)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive exclusive, limited rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund and the marketing and sale of interests in the Fund. In addition, the Adviser may upon the prior written consent of the Subadviser promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 6 contracts

Samples: Subadvisory Agreement (Broadstone Real Estate Access Fund), Interim Subadvisory Agreement (Broadstone Real Estate Access Fund), Subadvisory Agreement (Broadstone Real Estate Access Fund)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 6 contracts

Samples: Subadvisory Agreement (Advisors Preferred Trust), Subadvisory Agreement (Advisors Preferred Trust), Subadvisory Agreement (Advisors Preferred Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 6 contracts

Samples: Sub Advisory Agreement (Advisors Preferred Trust), Investment Sub Advisory Agreement (Advisors Preferred Trust), Subadvisory Agreement (Advisors Preferred Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to reasonably use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser Subadviser to the Fund Adviser or to the SubadviserFund, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 5 contracts

Samples: Sub Advisory Agreement (Northern Lights Fund Trust Iii), Subadvisory Agreement (USCA All Terrain Fund), Subadvisory Agreement (Multi-Strategy Growth & Income Fund)

Reference to Adviser and Subadviser. (a) The During the term of this Agreement only, the Subadviser grants, subject to the conditions below, the Adviser a limited, non-exclusive rights to use, display and promote trademarks of the Subadviser solely in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational or sales materials relating to the Fund (including, without limitation, prospectuses, proxy statements and reports to shareholders) that refer in any way to the Subadviser or refer to or contain any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviserpromptly. (b) Neither the Subadviser nor any Affiliate or agent of the Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser Subadviser to the Fund or to the SubadviserAdviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Adviser may be used by the Subadviser without obtaining the Adviser’s consent unless such consent is withdrawn in writing by the Adviser. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation. Notwithstanding the foregoing, the Adviser acknowledges and agrees that the Subadviser may identify the Adviser as a client of the Subadviser, which identification may include a statement describing the Subadviser’s role with respect to the Adviser and the Fund.

Appears in 4 contracts

Samples: Subadvisory Agreement (RiverNorth Managed Duration Municipal Income Fund II, Inc.), Subadvisory Agreement (RiverNorth Flexible Municipal Income Fund II, Inc.), Subadvisory Agreement (RiverNorth Flexible Municipal Income Fund, Inc.)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive and the Trust rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. Such rights shall be a non-exclusive, non-assignable, non-sublicensable and royalty-free right to use the name “Anchor Capital Management Group, Inc.” (or any derivative thereof or logo) which may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Trust shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser, as applicable. All use of the name “Anchor Capital Management Group, Inc.” (or any derivative thereof or logo) shall inure to the benefit of its owner, Anchor Capital Management Group, Inc. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use the name of “Anchor Capital Management Group, Inc.” (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within five (5) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (ba) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within five (5) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 4 contracts

Samples: Subadvisory Agreement (Northern Lights Fund Trust), Subadvisory Agreement (Northern Lights Fund Trust), Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and prior approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 4 contracts

Samples: Subadvisory Agreement (Northern Lights Fund Trust), Subadvisory Agreement (Northern Lights Fund Trust), Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of the Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 3 contracts

Samples: Subadvisory Agreement (Northern Lights Fund Trust IV), Subadvisory Agreement (Northern Lights Fund Trust IV), Subadvisory Agreement (Northern Lights Fund Trust IV)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions belowbelow and for the period this Agreement remains effective, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds with the prior permission of Subadviser, which shall not be unreasonably withheld, as discussed below. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materialsmaterials with the prior permission of Subadviser, which shall not be unreasonably withheld, as discussed below. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising Upon termination of this Agreement the Fund shall forthwith cease to use such registered marks, logos or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the other proprietary designation of Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 3 contracts

Samples: Subadvisory Agreement (Northern Lights Variable Trust), Subadvisory Agreement (Northern Lights Variable Trust), Subadvisory Agreement (Northern Lights Variable Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx mxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 3 contracts

Samples: Subadvisory Agreement (Northern Lights Variable Trust), Subadvisory Agreement (Northern Lights Variable Trust), Subadvisory Agreement (Northern Lights Variable Trust)

Reference to Adviser and Subadviser. (a) The Adviser may refer to the Subadviser grantsin written materials only to the extent required by applicable law or as agreed to between the parties (it being understood that, in particular, no reference shall be made to the amount of compensation received by the Subadviser hereunder unless required by applicable law), subject to the conditions below, the Adviser non-exclusive rights to use, display review and promote trademarks approval of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided written material by the Subadviser prior to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materialswritten materials use. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for not, in its review and approval all such public informational materials relating to the Fund that materials, refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser Adviser, the Primary Subadviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser or Primary Subadviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of AdviserAdviser or Primary Subadviser, which approval shall not be unreasonably withheld or delayed, except to the extent required by applicable law. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 3 contracts

Samples: Interim Subadvisory Agreement (Northern Lights Fund Trust), Interim Subadvisory Agreement (Northern Lights Fund Trust), Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Advisors Preferred Trust), Subadvisory Agreement (Advisors Preferred Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx mark or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Subadvisory Agreement (Advisors Preferred Trust), Subadvisory Agreement (Advisors Preferred Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Subadvisory Agreement (RiverNorth Funds), Subadvisory Agreement (RiverNorth Funds)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions belowbelow and for the period this Agreement remains effective, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising Upon termination of this Agreement the Fund shall forthwith cease to use such registered marks, logos or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the other proprietary designation of Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Subadvisory Agreement (Northern Lights Variable Trust), Subadvisory Agreement (Northern Lights Variable Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx mxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Subadvisory Agreement (Advisors Preferred Trust), Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive and the Trust rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. Such rights shall be a non-exclusive, non-assignable, non-sublicensable and royalty-free right to use the name “Main Point Advisers Inc.” (or any derivative thereof or logo) which may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Trust shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser, as applicable. All use of the name “Main Point Advisers Inc.” (or any derivative thereof or logo) shall inure to the benefit of its owner, Main Point Advisers Inc.. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use the name of “Main Point Advisers Inc.” (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within five (5) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (ba) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within five (5) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Subadvisory Agreement (Northern Lights Fund Trust), Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, Neither the Adviser non-exclusive rights to use, display and promote trademarks nor any Affiliate or agent of the Adviser shall make reference to or use the name of Subadviser in conjunction with or any activity associated with the Fund. In additionof its Affiliates, the Adviser may promote or any of their clients, except references concerning the identity of and services provided by the Subadviser to the AdviserFund, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials. The Adviser shall protect materials without the goodwill and reputation prior approval of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and Subadviser, which approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by or delayed. The Adviser hereby agrees to make all reasonable efforts to cause the Subadviser Fund and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially any Affiliate thereof to satisfy the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviserforegoing obligation. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser it shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation. Notwithstanding the foregoing, neither the Subadviser nor its Affiliates shall identify the Adviser, the Fund or the Trust in any responses to requests for information/proposals without the prior written consent of the Adviser. (c) Nothing in this Section 13 shall be construed as preventing, or requiring consent for, the use of the name of the other party or its Affiliates, or clients, in any disclosures required by applicable law. (d) The Subadviser shall give the Trust, for the term of this Agreement, a royalty free, nonexclusive, nontransferable right to use the name “Federated” (hereinafter referred to as a “Xxxx”) in the United States as part of the name of the series of the Trust identified on Exhibit A, provided the use of such names is approved by the Subadviser in advance in writing. Such right does not include the right to allow third parties to use the Xxxx except as specifically provided in this Agreement. Neither the Trust (or its series) nor the Adviser shall retain any right to use of the Xxxx after the termination of this Agreement. Upon termination of this Agreement, the Adviser will (and will cause the Trust (and its series) to) immediately terminate all use of the Xxxx and destroy any remaining unused sales documentation, promotional, marketing, advertising or other written printed or electronic material or performance information that contains the Xxxx. The Adviser agrees to use its best efforts to ensure that the nature and quality of the services rendered in connection with the Xxxx shall conform to the terms of this Agreement and any amendments thereto. The Adviser further agrees (and to cause the Trust (and its series)) to comply with any reasonable requirements for the use of the Xxxx provided from time to time by the Subadviser to the Adviser or the Trust in writing.

Appears in 2 contracts

Samples: Subadvisory Agreement (Nationwide Mutual Funds), Subadvisory Agreement (Nationwide Mutual Funds)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. . (b) The Adviser shall submit will provide the Subadviser with copies of all marketing materials for the Fund, including offering materials, that pertain to the Subadviser Subadviser, its trading strategies, its traders or principals for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval ’s approval, which approval shall not be unreasonably withheld delayed or withheld. The Subadviser agrees to review, at the Adviser’s request, any such marketing material within three business days. The Adviser agrees that it will not make any disclosures with respect to the Subadviser, its trading strategies, traders, principals or use any of their names without obtaining the Subadviser’s prior written approval, unless prohibited by applicable law; provided that, with respect to any materials that have filing or other material deadlines imposed by applicable law, rule or regulation, if the Subadviser fails to comment in writing (including via e-mail) by the third full business day after delivery of materials that require Subadviser approval, the Adviser shall notify the Subadviser (by telephone or by email) of the Subadviser’s failure to provide comments, and notice of approval or disapproval if the Subadviser does not respond by noon on the following business day the Subadviser will be provided in a timely mannerdeemed to have granted consent with respect to such material. Subsequent advertising or promotional materials having very substantially the same form and substance as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither . The Fund acknowledges and agrees that the Adviser, and not the Subadviser, is responsible for the disclosures in the Fund’s marketing materials and regulatory filings, except to the extent that the Subadviser nor any Affiliate or agent approved in writing such disclosures, including but not limited to descriptions of its business, principals, traders and the wPraxis Trading Approach (1X Leverage) (as described on Exhibit A), specifically for use therein. For purposes of this Agreement, unless approved in writing, the Subadviser shall make reference not be deemed to have consented to any disclosures that do not relate to the Subadviser or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Subadvisory Agreement (Northern Lights Fund Trust Ii), Subadvisory Agreement (Northern Lights Fund Trust Ii)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, Neither the Adviser non-exclusive rights to use, display and promote trademarks nor any Affiliate or agent of the Adviser shall make reference to or use the name of Subadviser in conjunction with or any activity associated with the Fund. In additionof its Affiliates, the Adviser may promote or any of their clients, except references concerning the identity of and services provided by the Subadviser to the AdviserFund, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials. The Adviser shall protect materials without the goodwill and reputation prior approval of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and Subadviser, which approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by or delayed. The Adviser hereby agrees to make all reasonable efforts to cause the Subadviser Fund and notice any Affiliate thereof to satisfy the foregoing obligation. Upon termination of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially this Agreement for any reason, Adviser and the same form as previously approved by Trust shall promptly rename each Fund (if necessary) to remove any references to “WCM” from the Subadviser may be used by names of the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the SubadviserFunds. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser it shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Subadvisory Agreement (Nationwide Variable Insurance Trust), Subadvisory Agreement (Nationwide Mutual Funds)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx mark or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Subadvisory Agreement (Northern Lights Fund Trust), Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI Offering Documents and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. . (b) The Adviser shall submit will provide the Subadviser with copies of all marketing materials for the Fund, including offering materials, that pertain to the Subadviser Subadviser, its trading strategies, its traders or principals for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval ’s approval, which approval shall not be unreasonably withheld delayed or withheld. The Subadviser agrees to review, at the Adviser’s request, any such marketing material within three business days. The Adviser agrees that it will not make any disclosures with respect to the Subadviser, its trading strategies, traders, principals or use any of their names without obtaining the Subadviser’s prior written approval, unless prohibited by applicable law; provided that, with respect to any materials that have filing or other material deadlines imposed by applicable law, rule or regulation, if the Subadviser fails to comment in writing (including via e-mail) by the third full business day after delivery of materials that require Subadviser approval, the Adviser shall notify the Subadviser (by telephone or by email) of the Subadviser’s failure to provide comments, and notice of approval or disapproval if the Subadviser does not respond by noon on the following business day the Subadviser will be provided in a timely mannerdeemed to have granted consent with respect to such material. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. . The Fund acknowledges and agrees that the Adviser, and not the Subadviser, is responsible for the disclosures in the Fund’s marketing materials and regulatory filings, except to the extent that the Subadviser approved in writing such disclosures, including but not limited to descriptions of its business, principals, traders and the wPraxis Trading Approach (b1X Leverage) (as described on Exhibit A), specifically for use therein. For purposes of this Agreement, unless approved in writing, the Subadviser shall not be deemed to have consented to any disclosures that do not relate to the Subadviser or the services provided by the Subadviser hereunder. The Fund acknowledges that the Fund’s marketing materials and regulatory filings will be at all times during the offering of interests in the Fund in material compliance with all applicable laws and regulations. Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the ProspectusOffering Documents, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed; provided, however, that Subadviser may reference its own performance as subadviser to the Fund in the context of marketing its services to third parties. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Subadvisory Agreement (Northern Lights Fund Trust Ii), Subadvisory Agreement (Northern Lights Fund Trust Ii)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or by the Subadviser to the SubadviserFunds or Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Northern Lights Fund Trust Iii), Sub Advisory Agreement (Northern Lights Fund Trust Iii)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks trademarks, symbols, logos or other trade dress of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 2 contracts

Samples: Subadvisory Agreement (Northern Lights Fund Trust), Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive and the Trust rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. Such rights shall be a non-exclusive, non-assignable, non-sublicensable and royalty-free right to use the name “Main Point Advisers LLC” (or any derivative thereof or logo) which may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Trust shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser, as applicable. All use of the name “Main Point Advisers LLC” (or any derivative thereof or logo) shall inure to the benefit of its owner, Main Point Advisers LLC. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use the name of “Main Point Advisers LLC” (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within five (5) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (ba) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within five (5) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, Neither the Adviser non-exclusive rights to use, display and promote trademarks nor any Affiliate or agent of the Adviser shall make reference to or use the name of Subadviser in conjunction with or any activity associated with the Fund. In additionof its Affiliates, the Adviser may promote or any of their clients, except references concerning the identity of and services provided by the Subadviser to the AdviserFund, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials. The Adviser shall protect materials without the goodwill and reputation prior approval of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and Subadviser, which approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by or delayed. The Adviser hereby agrees to make all reasonable efforts to cause the Subadviser Fund and notice any Affiliate thereof to satisfy the foregoing obligation. No use shall be made of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the logo without Subadviser’s prior written consent. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser it shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Nationwide Variable Insurance Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx mark or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or by the Subadviser to the SubadviserFunds or Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Sub Advisory Agreement (Northern Lights Fund Trust Iii)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-non- exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation. For the avoidance of doubt, this provision shall not restrict the disclosure on Form ADV by the Subadviser of the Adviser, the Fund and such terms of this Agreement as may be required pursuant to Form ADV or as may be recommended by counsel. (c) It is understood that the name of each party to this Agreement, and any derivatives thereof or any recognizable variant or any registered xxxx or logo or other proprietary designation associated therewith, is the valuable property of the party in question and its affiliates, and that each other party has the right to use such names pursuant to the relationship created by, and in accordance with the terms of, this Agreement only so long as this Agreement shall continue in effect. Upon termination of this Agreement, the parties shall forthwith cease to use the names of the other parties (or any recognizable variant or registered xxxx or logo or other proprietary designation associated therewith) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations. The Adviser agrees that, notwithstanding the above, any reference to the Adviser in the Form ADV of the Subadviser may remain a part of the Subadviser’s Form ADV until the next annual update filed by the Subadviser following the termination of this Agreement, subject to compliance with applicable law.

Appears in 1 contract

Samples: Subadvisory Agreement (Two Roads Shared Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, Agreement in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither The Adviser grants, subject to the conditions below, the Subadviser nor any Affiliate or agent of Subadviser shall make reference non-exclusive rights to or use the name use, display and promote trademarks of the Adviser or in conjunction with any of its Affiliatesactivity associated with the Funds. In addition, or any of their clients, except references concerning the Subadviser may promote the identity of and services provided by the Adviser Subadviser to the Fund or to the SubadviserAdviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, Agreement in any advertising or promotional materials. The Subadviser shall protect the goodwill and reputation of the Adviser in connection with the marketing and promotion of the Funds. The Subadviser shall submit to the Adviser for its review and approval all such public informational materials without relating to the prior approval Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Adviser, which approval . Approval shall not be unreasonably withheld by the Adviser and notice of approval or delayeddisapproval will be provided promptly and in any event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Adviser may be used by the Subadviser without obtaining the Adviser's consent unless such consent is withdrawn in writing by the Adviser. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligationobligations.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Variable Trust)

Reference to Adviser and Subadviser. (a) The Subject to the Subadviser’s approval, the Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and general services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to reference anything about the Subadviser, including the use of any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials regarding the Fund that have been previously approved by the Subadviser having very substantially the same form and content as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the SubadviserSub-Adviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to reasonably use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser Subadviser to the Fund Adviser or to the SubadviserFund, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Second Nature Series Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any lawful activity associated with the FundFunds. In addition, subject to applicable law, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of the Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Fund Trust IV)

Reference to Adviser and Subadviser. (a) The Subadviser grantsIt is understood that the name Xxxxxxx Xxxxx and Xxxxxxx Xxxxx Asset Management, subject to L.P. or any derivative thereof or logo associated with those names, are the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks valuable property of the Subadviser and its affiliates and that the Trust and/or the Fund have the right to use such names (or derivative or logo) in conjunction offering materials or marketing materials of the Trust with any activity associated with the approval of the Subadviser and for so long as the Subadviser is a Subadviser to the Fund. In addition, the Adviser may promote the identity Upon termination of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising the Company shall forthwith cease to use such names (or promotional materialsderivatives or logo), except to the extent otherwise required by law. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit hereby agrees to the Subadviser for its review and approval make all such public informational materials relating reasonable efforts to cause the Fund that refer and any Affiliate thereof to any recognizable variant or any registered xxxx or logo or other proprietary designation of satisfy the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviserforegoing obligation. (b) Notwithstanding the foregoing, the Subadviser’s approval is not required when (i) previously approved materials are re-issued with minor modifications, (ii) Adviser and Subadviser identify materials which they jointly determine do not require the Subadviser’s approval and (iii) used as required to be disclosed in the registration statement of the Fund or such other disclosure documents as may be legally required to be filed with the SEC. (c) Neither the Subadviser nor any Affiliate or agent of Subadviser it shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Nationwide Mutual Funds)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser during the term of this Agreement in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and prior approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. Following the termination of the term of this Agreement, the Adviser will have a reasonable time to remove the Subadviser’s name and trademarks from any written marketing materials and will use its best efforts to cause the Board and the Fund to remove the Subadviser’s name and trademarks from the name of the Fund and all associated documents and materials distributed to the public. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Fund Trust)

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Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the relevant Prospectus, relevant SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the relevant Prospectus, relevant SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Advisors Preferred Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. The Subadviser agrees that the name “Crow Point” or variations thereof may be used in the name of the Fund under this Agreement and that such name, together with any related logos and any service marks containing the word “Crow Point” or variations thereof may be used in connection with the Fund’s business only for so long as this Agreement (including any continuance or amendment hereof) remains in effect and that such use shall be royalty free. At such time as this Agreement shall no longer be in effect, the Fund will cease such use. The Fund acknowledges that it has no rights to the name “Crow Point” or variations thereof and such logos or service marks other than those granted in this paragraph and that the Subadviser reserves to itself the right to grant the nonexclusive right to use the name “Crow Point” or variations thereof and such logos or service marks to any other person. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Crow Point Global Dividend Plus Fund)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Fund Trust Ii)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-non- exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Two Roads Shared Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive and the Trust rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. Such rights shall be a non-exclusive, non-assignable, non-sublicensable and royalty-free right to use the name “Main Point Advisers Inc.” (or any derivative thereof or logo) which may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Trust shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser, as applicable. All use of the name “Main Point Advisers Inc.” (or any derivative thereof or logo) shall inure to the benefit of its owner, Main Point Advisers Inc.. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use the name of “Main Point Advisers Inc.” (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx mark or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within five (5) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (ba) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within five (5) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Interim Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser during the term of this Agreement in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and prior approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx mxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. It is understood that the name of Subadviser, and any derivatives thereof or logos associated with that name, is the valuable property of the Subadviser and its affiliates, and that Adviser only has the right to use such names pursuant to the relationship created by, and in accordance with the terms of, this Agreement and only for so long as this Agreement shall continue in effect. Upon termination of this Agreement, the Adviser shall promptly, and shall cause the Fund to promptly, (i) cease to use the name of the Subadviser (or any derivative or logo) in the name of the Fund and (ii) remove the name of the Subadviser (or any derivative or logo) from any written marketing materials, the Prospectus, the SAI and all associated documents and materials distributed to the public. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Ellington Income Opportunities Fund)

Reference to Adviser and Subadviser. (a) The During the term of this Agreement only, the Subadviser grants, subject to the conditions below, the Adviser non-a limited, non- exclusive rights to use, display and promote trademarks of the Subadviser solely in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational or sales materials relating to the Fund (including, without limitation, prospectuses, proxy statements and reports to shareholders) that refer in any way to the Subadviser or refer to or contain any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviserpromptly. (b) Neither the Subadviser nor any Affiliate or agent of the Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser Subadviser to the Fund or to the SubadviserAdviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Adviser may be used by the Subadviser without obtaining the Adviser’s consent unless such consent is withdrawn in writing by the Adviser. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation. Notwithstanding the foregoing, the Adviser acknowledges and agrees that the Subadviser may identify the Adviser as a client of the Subadviser, which identification may include a statement describing the Subadviser’s role with respect to the Adviser and the Fund.

Appears in 1 contract

Samples: Subadvisory Agreement (RiverNorth Opportunistic Municipal Income Fund, Inc.)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser during the term of this Agreement in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and prior approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. It is understood that the name of Subadviser, and any derivatives thereof or logos associated with that name, is the valuable property of the Subadviser and its affiliates, and that Adviser only has the right to use such names pursuant to the relationship created by, and in accordance with the terms of, this Agreement and only for so long as this Agreement shall continue in effect. Upon termination of this Agreement, the Adviser shall promptly, and shall cause the Fund to promptly, (i) cease to use the name of the Subadviser (or any derivative or logo) in the name of the Fund and (ii) remove the name of the Subadviser (or any derivative or logo) from any written marketing materials, the Prospectus, the SAI and all associated documents and materials distributed to the public. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Ellington Income Opportunities Fund)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx mxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Advisors Preferred Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to grants the conditions below, the Adviser Advisor non-exclusive rights to use, display and promote trademarks and name of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser Advisor may promote the identity of and services provided by the Subadviser to the AdviserAdvisor, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materialsmaterials without the prior approval of Subadviser. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) The Subadviser’s grant of the right to use, display and promote the name and trademarks of Subadviser shall terminate immediately upon termination of this Agreement. This Section 15(b) shall apply specifically (without limitation) to the use of the Subadviser’s name within the name of the Funds. This Section 15(b) shall survive the termination of this Agreement. (c) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the a Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Arrow Investments Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx mxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. The Subadviser agrees that the name “PRISM” or variations thereof may be used in the name of the Fund under this Agreement and that such name, together with any related logos and any service marks containing the word “PRISM” or variations thereof may be used in connection with the Fund’s business only for so long as this Agreement (including any continuance or amendment hereof) remains in effect and that such use shall be royalty free. At such time as this Agreement shall no longer be in effect, the Fund will cease such use. The Fund acknowledges that it has no rights to the name “PRISM” or variations thereof and such logos or service marks other than those granted in this paragraph and that the Subadviser reserves to itself the right to grant the nonexclusive right to use the name “PRISM” or variations thereof and such logos or service marks to any other person. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (PRISM Multi Strategy Fund)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-non- exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational or sales materials relating to the Fund (including, without limitation, prospectuses, proxy statements and reports to shareholders) that refer in any way to the Subadviser or refer to or contain any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely mannerpromptly. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of the Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Adviser may be used by the Subadviser without obtaining the Adviser’s consent unless such consent is withdrawn in writing by the Adviser. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation. Notwithstanding the foregoing, the Adviser acknowledges and agrees that the Subadviser may identify the Adviser as a client of the Subadviser, which identification may include a statement describing the Subadviser’s role with respect to the Adviser and the Fund.

Appears in 1 contract

Samples: Subadvisory Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, Neither the Adviser non-exclusive rights to use, display and promote trademarks nor any Affiliate or agent of the Adviser shall make reference to or use the name nor any trade name, trademark, trade device, service mxxx, symbol or any abbreviation, contraction or simulation thereof of Subadviser in conjunction with or any activity associated with the Fund. In additionof its Affiliates, the Adviser may promote or any of their clients, except references concerning the identity of and services provided by the Subadviser to the AdviserFund, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials. The Adviser shall protect materials without the goodwill and reputation prior approval of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and Subadviser, which approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by or delayed. The Adviser hereby agrees to make all reasonable efforts to cause the Subadviser Fund and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially any Affiliate thereof to satisfy the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviserforegoing obligation. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser it shall make reference to or use the name nor any trade name, trademark, trade device, service mxxx, symbol or any abbreviation, contraction or simulation thereof of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Nationwide Variable Insurance Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser and Trust non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser or Trust may promote the identity of and services provided by the Subadviser to the AdviserAdviser or Trust, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser and Trust shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser and Trust shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser or Trust without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Sub Advisory Agreement (Advisors Preferred Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser during the term of this Agreement in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and prior approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx mark or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. It is understood that the name of Subadviser, and any derivatives thereof or logos associated with that name, is the valuable property of the Subadviser and its affiliates, and that Adviser only has the right to use such names pursuant to the relationship created by, and in accordance with the terms of, this Agreement and only for so long as this Agreement shall continue in effect. Upon termination of this Agreement, the Adviser shall promptly, and shall cause the Fund to promptly, (i) cease to use the name of the Subadviser (or any derivative or logo) in the name of the Fund and (ii) remove the name of the Subadviser (or any derivative or logo) from any written marketing materials, the Prospectus, the SAI and all associated documents and materials distributed to the public. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Institutional Investment Strategy Fund)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote disclose the identity of and services provided by the Subadviser to the Adviser, which references shall not, without the prior written approval of Subadviser (which approval shall not be unreasonably withheld or delayed), differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational external materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having of very substantially substantial similarity to the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s 's consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI Offering Documents and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Advisors Preferred Trust)

Reference to Adviser and Subadviser. (ai) The Adviser may refer to the Subadviser grantsin written materials only to the extent required by applicable law or as agreed to between the parties (it being understood that, in particular, no reference shall be made to the amount of compensation received by the Subadviser hereunder unless required by applicable law), subject to the conditions below, the Adviser non-exclusive rights to use, display review and promote trademarks approval of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided written material by the Subadviser prior to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materialswritten materials use. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for not, in its review and approval all such public informational materials relating to the Fund that materials, refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser Adviser, the Primary Subadviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser or Primary Subadviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of AdviserAdviser or Primary Subadviser, which approval shall not be unreasonably withheld or delayed, except to the extent required by applicable law. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation. (ii) Neither the Subadviser nor any affiliate or agent of Subadviser shall make reference to or use the name of the Adviser, the Primary Sudadviser or any of its Affiliates, or any of their client, except references concerning the identity if any services provided by the Adviser or Primary Subadviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser or Primary Subadviser, which approval shall not be unreasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to reasonably use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx mxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser Subadviser to the Fund Adviser or to the SubadviserFund, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (USCA All Terrain Fund)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx mark or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or by the Subadviser to the SubadviserFund or Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Interim Sub Advisory Agreement (Northern Lights Fund Trust Iii)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the FundFunds. The Adviser shall submit to the Subadviser for its review and approval prior written approval, all such materials contemplated in this Section 14(a), including public informational materials relating referring to the Fund that refer to Subadviser and/or utilizing any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund Funds or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Fund Trust)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser in conjunction with any activity associated with the FundFunds. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund Funds that refer to any recognizable variant or any registered xxxx mark or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided promptly and in a timely mannerany event within three (3) business days. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or by the Subadviser to the SubadviserFund or Adviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayeddelayed and notice of approval or disapproval will be provided promptly and in any event within three (3) business days. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Sub Advisory Agreement (Northern Lights Fund Trust Iii)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to the conditions below, the Adviser non-exclusive rights to use, display and promote trademarks of the Subadviser solely in conjunction with any activity reasonably associated with the FundFund and the Subadviser’s responsibilities hereunder. In addition, the Adviser may promote the identity of and services provided by the Subadviser to the AdviserAdviser under this Agreement, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit to the Subadviser for its review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. Nothing herein shall imply or result in Subadviser having any responsibility for the content of any materials used or developed by the Adviser, the Trust or the Fund, except to the extent that the Subadviser provides its written approval of such materials. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation. Nothing herein shall restrict the Subadviser or any Affiliate from referencing that it serves as a Subadviser hereunder.

Appears in 1 contract

Samples: Subadvisory Agreement (Northern Lights Fund Trust Ii)

Reference to Adviser and Subadviser. (a) The Subadviser grants, subject to During the conditions belowterm of this Agreement, the Adviser non-exclusive rights shall have permission to useuse the following trademarks relating to the Subadviser, display namely, PYRAMIS, PYRAMIS GLOBAL ADVISORS, and promote trademarks the Pyramis Global Advisors logo (which such logo shall be provided by the Subadviser)(collectively, the “Marks”) in connection with the sale and marketing of the Subadviser in conjunction with any activity associated with the Fund. In additionAdviser shall provide to the Subadviser examples of the proposed materials bearing any Marks used as trademarks (collectively, “Materials”) for the Subadviser’s prior review and written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Subadviser or its affiliates(s) shall review the proposed use as soon as possible and the Adviser’s proposed use of any Marks shall be deemed approved if Adviser does not receive any response to the contrary from the Subadviser or its affiliates within ten (10) business days following Subadviser’s receipt of submitted Materials bearing any Marks. If the Adviser makes any unauthorized use of any Marks, the Parties acknowledge that the Subadviser and its affiliates may suffer harm for which monetary damages may be inadequate and remedies under this Agreement or at law. Notwithstanding any of the foregoing, the Adviser may promote use the identity of and services provided by Subadviser’s name, “Pyramis Global Advisors, LLC,” or “Pyramis Global Advisors” in any Materials when referring to the Subadviser in a factual manner without the need to seek the AdviserSubadviser’s, which references shall not differ in substance from those included in the Prospectusor an affiliate’s, SAI and written consent. Upon termination or expiration of this Agreement, in the Adviser shall immediately cease all use of the Marks. Upon such termination or expiration of this Agreement, Adviser shall either provide to the Subadviser all Materials bearing any advertising Marks or promotional materialscertify as to the destruction of all such Materials. The Parties agree that, in order to streamline the review and approval process for any Materials bearing any Marks used as trademarks, one or more templates for such Materials may be provided to Subadviser for Subadviser’s prior review and approval. Once a template for a particular type of Materials has been approved by Subadviser in accordance with this Agreement (each, an “approved Template”), all materials of the same type or class based on the Approved Template shall be considered approved by Subadviser and Adviser shall protect the goodwill and reputation not be required to separately submit each example of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall submit such Materials to the Subadviser for its review and approval all such public informational materials or approval, provided however, that no material change relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Approval shall not be unreasonably withheld by the Subadviser and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent Marks is withdrawn made by Adviser as compared to that shown in writing by the Subadviseran Approved Template. (b) Neither the Subadviser nor any Affiliate or agent of Subadviser it shall make reference to or use the name of the Adviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI Prospectus and this Agreement, in any advertising or promotional materials without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Appears in 1 contract

Samples: Subadvisory Agreement (Nationwide Variable Insurance Trust)

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