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
Appears in 5 contracts
Samples: Distribution Agreement (VOYA INSURANCE & ANNUITY Co), Distribution Agreement (Equitable Life Insurance Co of Iowa Separate Account A), Distribution Agreement (United Life & Annuity Separate Account One)
Sales Agreements. DSI DSL is hereby authorized to enter into separate written agreements, agreements ("βSales Agreements"β), 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.
Appears in 3 contracts
Samples: Distribution Agreement (VOYA RETIREMENT INSURANCE & ANNUITY Co), Distribution Agreement (VOYA RETIREMENT INSURANCE & ANNUITY Co), Distribution Agreement (VARIABLE ANNUITY ACCOUNT B OF VOYA RETIREMENT INSURANCE & ANNUITY Co)
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
Appears in 1 contract
Samples: Distribution Agreement (Ing Life Insurance & Annuity Co)