Common use of Sales Agreements Clause in Contracts

Sales Agreements. DSI is hereby authorized to enter into separate written agreements, ("Sales Agreements"), on such terms and conditions as DSI may determine not to be inconsistent with this Agreement, with broker/dealers which agree to participate in the distribution of and to use their best efforts to solicit applications for Annuity Contracts. Such broker/dealers and their agents or representatives soliciting applications for Annuity Contracts shall be duly and appropriately licensed, registered or otherwise qualified for the sale of Annuity Contracts under the insurance laws and any applicable securities laws of each state or other jurisdiction in which the Annuity Contracts may be lawfully sold and in which ING USA is licensed to sell Annuity Contracts. Each such broker/dealer shall be both registered as a broker-dealer under the 1934 Act and a member of the NASD, or if not so registered or not such a member, then the agents and representatives of such organization soliciting applications for Annuity Contracts shall be agents and registered representatives of a registered broker/dealer and NASD member which is the parent or other affiliate of such organization and which maintains full responsibility for the training, supervision, and control of the agents and representatives selling Annuity Contracts. DSI shall have the responsibility for the supervision of all such broker/dealers to the extent required by law and shall assume any legal responsibilities of ING USA for the acts, commissions or defalcations of any such broker/dealers. Applications materials for Annuity Contracts solicited by such broker/dealers through their agents or representatives shall be forwarded to DSI. All payments for Annuity Contracts shall be remitted promptly by such broker/dealers directly to ING USA. If held at any time by DSI or a broker-dealer, such payments shall be held in a fiduciary capacity as agent for ING USA and shall be remitted promptly to ING USA. All such payments, whether by check, money order, or wire order, shall be the property of ING USA. Anything in this Distribution Agreement to the contrary notwithstanding, ING USA shall retain the rights to control the sale of Annuity Contracts and to appoint and discharge annuity agents for the sale of Annuity Contracts. DSI shall be held to the exercise of reasonable care in carrying out the provisions of this Distribution Agreement

Sales Agreements. DSI DSL is hereby authorized to enter into separate written agreements, agreements ("“Sales Agreements"”), on such terms and conditions as DSI DSL may determine not to be inconsistent with this Agreement, with broker/dealers which agree to participate in the distribution of of, and to use their best efforts to solicit applications for for, Annuity Contracts. Such broker/dealers and their agents or representatives soliciting applications for Annuity Contracts shall be duly and appropriately licensed, registered or otherwise qualified for the sale of Annuity Contracts under the insurance laws and any applicable securities laws of each state or other jurisdiction in which the Annuity Contracts may be lawfully sold and in which ING USA ILIAC is licensed to sell Annuity Contracts. Each such broker/dealer shall be both bother registered as a broker-dealer under the 1934 Act and a member of the NASDFINRA, or if not so registered or not such a member, then the agents and representatives of such organization soliciting applications for Annuity Contracts shall be agents and registered representatives of a registered broker/dealer and NASD FINRA member which is the parent or other affiliate of such organization and which maintains full responsibility for the training, supervision, and control of the agents and representatives selling Annuity Contracts. DSI DSL shall have the responsibility for the supervision of all such broker/dealers to the extent required by law and shall assume any legal responsibilities of ING USA ILIAC for the acts, commissions or defalcations of any such broker/dealers. Applications materials for Annuity Contracts solicited by such broker/dealers through their agents or representatives shall be forwarded to DSIDSL. All payments payment for Annuity Contracts shall be remitted promptly by such broker/dealers directly to ING USAILIAC. If held at any time by DSI DSL or a broker-dealer, such payments shall be held in a fiduciary capacity as agent for ING USA ILAIC and shall be remitted promptly to ING USAILIAC. All such payments, whether by check, money order, or wire order, shall be the property of ING USAILIAC. Anything in this Distribution Agreement to the contrary notwithstanding, ING USA ILAIC shall retain the rights to control the sale of Annuity Contracts and to appoint and discharge annuity agents for the sale of Annuity Contracts. DSI DSL shall be held to the exercise of reasonable care in carrying out the provisions of this Distribution Agreement.

Sales Agreements. DSI DSL is hereby authorized to enter into separate written agreements, agreements ("Sales Agreements"), on such terms and conditions as DSI DSL may determine not to be inconsistent with this Agreement, with broker/dealers which agree to participate in the distribution of of, and to use their best efforts to solicit applications for for, Annuity Contracts. Such broker/dealers and their agents or representatives soliciting applications for Annuity Contracts shall be duly and appropriately licensed, registered or otherwise qualified for the sale of Annuity Contracts under the insurance laws and any applicable securities laws of each state or other jurisdiction in which the Annuity Contracts may be lawfully sold and in which ING USA ILIAC is licensed to sell Annuity Contracts. Each such broker/dealer shall be both registered as a broker-dealer under the 1934 Act and a member of the NASDFINRA, or if not so registered or not such a member, then the agents and representatives of such organization soliciting applications for Annuity Contracts shall be agents and registered representatives of a registered broker/dealer and NASD FINRA member which is the parent or other affiliate of such organization and which maintains full responsibility for the training, supervision, and control of the agents and representatives selling Annuity Contracts. DSI DSL shall have the responsibility for the supervision of all such broker/dealers to the extent required by law and shall assume any legal responsibilities of ING USA ILIAC for the acts, commissions or defalcations of any such broker/dealers. Applications materials for Annuity Contracts solicited by such broker/dealers through their agents or representatives shall be forwarded to DSIDSL. All payments for Annuity Contracts shall be remitted promptly by such broker/dealers directly to ING USAILIAC. If held at any time by DSI DSL or a broker-dealer, such payments shall be held in a fiduciary capacity as agent for ING USA ILIAC and shall be remitted promptly to ING USAILIAC. All such payments, whether by check, money order, or wire order, shall be the property of ING USAILIAC. Anything in this Distribution Agreement to the contrary notwithstanding, ING USA ILIAC shall retain the rights to control the sale of Annuity Contracts and to appoint and discharge annuity agents for the sale of Annuity Contracts. DSI DSL shall be held to the exercise of reasonable care in carrying out the provisions of this Distribution Agreement

Sales Agreements. DSI (a) CNL is hereby authorized to enter into separate written agreements, ("Sales Agreements"), on such terms and conditions as DSI CNL may determine not to be not inconsistent with this Agreement, with broker/dealers registered as such under the Securities Exchange Act which agree to participate in the distribution of the Contracts and to use their best efforts to solicit applications for Annuity the Contracts. All such sales agreements shall provide that each broker/dealer will assume full responsibility for continued compliance by itself and its representatives with applicable federal and state securities laws, and shall be in such form and contain such other provisions as Charter National may from time to time require. Such broker/dealer shall assume any legal responsibility of Charter National for the acts, commissions, or defalcations of such representatives insofar as they relate to the sale of the Contracts. Such broker/dealers and their agents or representatives soliciting applications for Annuity the Contracts shall be duly and appropriately licensed, registered registered, or otherwise qualified for the sale of Annuity such Contracts (and the riders offered in connection therewith, if any) under the insurance laws and federal securities laws, any applicable state insurance and securities laws of each state or other jurisdiction in which the Annuity such Contracts may be lawfully sold and in which ING USA Charter National is licensed to sell Annuity the Contracts. Each such broker/dealer organization shall be both registered as a broker-/dealer under the 1934 Securities Exchange Act and a member of the NASD, or if not so registered or not such a member, then the agents and representatives of such organization soliciting applications for Annuity Contracts shall be agents and registered representatives of a registered broker/dealer and NASD member which is the parent or other an affiliate of such organization and which maintains full responsibility for the training, supervision, and control of the agents and representatives selling Annuity the Contracts. DSI shall have the responsibility . (b) Applications for the supervision of all such broker/dealers to the extent required by law and shall assume any legal responsibilities of ING USA for the acts, commissions or defalcations of any such broker/dealers. Applications materials for Annuity Contracts solicited by such broker/dealers organizations through their agents or representatives shall be forwarded to DSICharter National. All payments for Annuity Contracts shall be made by check or money order payable to "Charter National Life Insurance Company" and remitted promptly by such organizations to Charter National as agent for CNL. Charter National will also accept wire transfers via Federal Funds to an account designated by Charter National. All broker/dealers directly who agree to ING USA. If held at any time by DSI participate in the distribution of the Contracts shall act as independent contractors and nothing herein contained shall constitute such broker/dealers or a broker-dealer, such payments shall be held their agents or employees as employees of Charter National in a fiduciary capacity as agent for ING USA and shall be remitted promptly to ING USA. All such payments, whether by check, money order, or wire order, shall be the property of ING USA. Anything in this Distribution Agreement to the contrary notwithstanding, ING USA shall retain the rights to control connection with the sale of Annuity Contracts and to appoint and discharge annuity agents for the sale of Annuity Contracts. DSI shall be held to the exercise of reasonable care in carrying out the provisions of this Distribution Agreement.

Sales Agreements. DSI (a) CNL is hereby authorized to enter into separate written agreements, ("Sales Agreements"), on such terms and conditions as DSI CNL may determine not to be not inconsistent with this Agreement, with broker/dealers registered as such under the Securities Exchange Act which agree to participate in the distribution of the Contracts and to use their best efforts to solicit applications for Annuity the Contracts. All such sales agreements shall provide that each broker/dealer will assume full responsibility for continued compliance by itself and its representatives with applicable federal and state securities laws, and shall be in such form and contain such other provisions as First Charter may from time to time require. Such broker/dealer shall assume any legal responsibility of First Charter for the acts, commissions, or defalcations of such representatives insofar as they relate to the sale of the Contracts. Such broker/dealers and their agents or representatives soliciting applications for Annuity the Contracts shall be duly and appropriately licensed, registered registered, or otherwise qualified for the sale of Annuity such Contracts (and the riders offered in connection therewith, if any) under the insurance laws and federal securities laws, any applicable state insurance and securities laws of each state or other jurisdiction in which the Annuity such Contracts may be lawfully sold and in which ING USA First Charter is licensed to sell Annuity the Contracts. Each such broker/dealer organization shall be both registered as a broker-/dealer under the 1934 Securities Exchange Act and a member of the NASD, or if not so registered or not such a member, then the agents and representatives of such organization soliciting applications for Annuity Contracts shall be agents and registered representatives of a registered broker/dealer and NASD member which is the parent or other an affiliate of such organization and which maintains full responsibility for the training, supervision, and control of the agents and representatives selling Annuity the Contracts. DSI shall have the responsibility . (b) Applications for the supervision of all such broker/dealers to the extent required by law and shall assume any legal responsibilities of ING USA for the acts, commissions or defalcations of any such broker/dealers. Applications materials for Annuity Contracts solicited by such broker/dealers organizations through their agents or representatives shall be forwarded to DSIFirst Charter. All payments for Annuity Contracts shall be made by check or money order payable to "First Charter Life Insurance Company" and remitted promptly by such organizations to First Charter as agent for CNL. First Charter will also accept wire transfers via Federal Funds to an account designated by First Charter. All broker/dealers directly who agree to ING USA. If held at any time by DSI participate in the distribution of the Contracts shall act as independent contractors and nothing herein contained shall constitute such broker/dealers or a broker-dealer, such payments shall be held their agents or employees as employees of First Charter in a fiduciary capacity as agent for ING USA and shall be remitted promptly to ING USA. All such payments, whether by check, money order, or wire order, shall be the property of ING USA. Anything in this Distribution Agreement to the contrary notwithstanding, ING USA shall retain the rights to control connection with the sale of Annuity Contracts and to appoint and discharge annuity agents for the sale of Annuity Contracts. DSI shall be held to the exercise of reasonable care in carrying out the provisions of this Distribution Agreement.