Solicitation of Applications. 1. Applications received from you and accepted by the Funds will be at the public offering price determined in the manner described in the then current Prospectus of such Funds notwithstanding anything to the contrary in this Agreement. The public offering price for the purchase of the Funds' shares is the Fund's or Portfolio's net asset value per share. 2. The procedure relating to the handling of Applications shall be subject to instructions which we shall forward from time to time to all members of the Selling Group. All Applications are subject to acceptance by us and the respective Fund or Portfolio(s) at our West Des Moines, Iowa offices and we and the respective Fund or Portfolio(s) reserve the right, in our and their sole discretion, to reject any Application. 3. As a member of the Selling Group, you agree: (a) To purchase shares only from us or from your customers (other than a securities broker or dealer). (b) That you will purchase shares from us only to cover purchase orders already received from your customers, or for your own bona fide investment. (c) That you will not purchase shares from your customers at a price lower than the bid price then quoted by or for such Fund or Portfolio. You may, however, sell shares for the account of your customer to the Fund or Portfolio, or to us as agent for such Fund or Portfolio, at the bid price currently quoted by or for such Fund or Portfolio. (d) That you will not withhold placing with us orders received from your customers so as to profit yourself as a result of such withholding. 4. You agree that you will promptly forward all customers' Applications to us. The Funds will not accept conditional applications. 5. You agree that the Fund or Portfolio's share price applicable to Applications will be such Fund or Portfolio's public offering price next determined after receipt of the Application and payment at the office of the Funds in West Des Moines, Iowa in accordance with the then current Prospectus of such Fund or Portfolio. 6. You will also act as principal in all purchases of Fund or Portfolio shares directly from us by a shareholder for whom you are the dealer of record and you authorize and appoint the Funds' Transfer Agent to execute and confirm such purchases to such shareholder on your behalf. You agree to indemnify the Funds and us for any loss, injury, damage, expense, or liability arising from or based upon any alleged or untrue statements or representations made by you other than statements contained in the Prospectus or our authorized sales literature. 7. Payments for Fund and Portfolio shares purchased must be made at or prior to acceptance of the Application at the Funds' office in West Des Moines, Iowa, as contemplated by the Application forms furnished by us. Delivery of shares will be made by credit to shareholder accounts. 8. Applications are subject to acceptance by us and the respective Fund or Portfolio(s). The Funds reserve the right in their discretion without notice to you to suspend sales or withdraw the offering of shares entirely. 9. No person is authorized to make any representations concerning the Fund or any Portfolio or their shares except those contained in such Fund's or Portfolio's then current Prospectus and any such information as may be authorized by us or such Fund or Portfolio for use as information supplemental to such Prospectus. In soliciting Applications for shares of the Fund or a Portfolio you shall rely solely on the representations contained in such Fund's or Portfolio's then current Prospectus and the supplemental information above mentioned. 10. Additional copies of any Prospectus or statement of additional information and any printed information designed as supplemental to such Prospectus will be supplied by us to members of the Selling Group in reasonable quantities upon request. 11. Your acceptance of this agreement constitutes a representation that you: (a) are a registered securities dealer with the Securities and Exchange Commission and the states where required, (b) are a member in good standing of the National Association of Securities Dealers, Inc. and (c) agree to comply with all applicable state and federal laws and rules and regulations applicable to transactions hereunder and to the Conduct Rules of the National Association of Securities Dealers, Inc. including specifically Conduct Rule 2830 thereof. You likewise agree that you will not offer or sell shares of the Fund or any Portfolio in any state or other jurisdiction in which they may not lawfully be offered for sale. 12. You agree to indemnify and hold harmless the Funds and EquiTrust Investment Management Services, Inc. and their respective agents, officers, directors and employees from and against any and all losses, damages, claims, costs or expenses (including reasonable attorneys' fees) whether joint or several, to which any such person or entity may become subject insofar as such arise out of or are based upon any act or omission of any type, including lawful, unlawful, negligent, intentional or otherwise, or allegations thereof, by you or your employees or agents.
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Samples: Dealer Agreement (Equitrust Series Fund Inc), Dealer Agreement (Equitrust Money Market Fund Inc)
Solicitation of Applications. 1. Applications received from you and accepted by the Funds will be at the public offering price determined in the manner described in the then current Prospectus of such Funds notwithstanding anything to the contrary in this Agreement. The public offering price for the purchase of the Funds' shares is the Fund's or Portfolio's net asset value per share.
2. The procedure relating to the handling of Applications shall be subject to instructions which that we shall forward from time to time to all members of the Selling Group. All Applications are subject to acceptance by us and the respective Fund or Portfolio(s) at our West Des Moines, Iowa offices and we and the respective Fund or Portfolio(s) reserve the right, in our and their sole discretion, to reject any Application.
3. As a member of the Selling Group, you agree:
(a) To purchase shares only from us or from your customers (other than a securities broker or dealer).
(b) That you will purchase shares from us only to cover purchase orders already received from your customers, or for your own bona fide investment.
(c) That you will not purchase shares from your customers at a price lower than the bid price then quoted by or for such Fund or Portfolio. You may, however, sell shares for the account of your customer to the Fund or Portfolio, or to us as agent for such Fund or Portfolio, at the bid price currently quoted by or for such Fund or Portfolio.
(d) That you will not withhold placing with us orders received from your customers so as to profit yourself as a result of such withholding.
4. You agree that you will promptly forward all customers' Applications to us. The Funds will not accept conditional applications.
5. You agree that the Fund or Portfolio's share price applicable to Applications will be such Fund Fund's or Portfolio's public offering price next determined after receipt of the Application and payment at the office of the Funds in West Des Moines, Iowa in accordance with the then current Prospectus of such Fund or Portfolio.
6. You will also act as principal in all purchases of Fund or Portfolio shares directly from us by a shareholder for whom you are the dealer of record and you authorize and appoint the Funds' Transfer Agent to execute and confirm such purchases to such shareholder on your behalf. You agree to indemnify the Funds and us for any loss, injury, damage, expense, or liability arising from or based upon any alleged or untrue statements or representations made by you other than statements contained in the Prospectus or our authorized sales literature.
7. Payments for Fund and Portfolio shares purchased must be made at or prior to acceptance of the Application at the Funds' office in West Des Moines, Iowa, as contemplated by the Application forms furnished by us. Delivery of shares will be made by credit to shareholder accounts.
8. Applications are subject to acceptance by us and the respective Fund or Portfolio(s). The Funds reserve the right in their discretion without notice to you to suspend sales or withdraw the offering of shares entirely.
9. No person is authorized to make any representations concerning the Fund or any Portfolio or their its shares except those contained in such Fund's or Portfolio's then current Prospectus and any such information as may be authorized by us or such Fund or Portfolio for use as information supplemental to such Prospectusprospectus. In soliciting Applications for shares of the Fund or a Portfolio you shall rely solely on the representations contained in such Fund's or Portfolio's then current Prospectus and the supplemental information above mentioned.
10. Additional copies of any Prospectus or statement of additional information and any printed information designed as supplemental to such Prospectus will be supplied by us to members of the Selling Group in reasonable quantities upon request.
11. Your acceptance of this agreement Agreement constitutes a representation that you: (a) are a registered securities dealer with the Securities and Exchange Commission and the states where required, (b) are a member in good standing of the National Association of Securities Dealers, Inc. ("NASD") and (c) agree to comply with all applicable state and federal laws and rules and regulations applicable to transactions hereunder and to the Conduct Rules of the National Association of Securities Dealers, Inc. NASD including specifically Conduct Rule 2830 thereof. You likewise agree that you will not offer or sell shares of the Fund or any Portfolio in any state or other jurisdiction in which they may not lawfully be offered for sale. You agree to notify us immediately in the event of your suspension or termination from the NASD.
12. You acknowledge and agree that you are subject to the privacy regulations promulgated pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act with respect to privacy, use and protection of nonpublic personal information of customers ("Customer Information"). You agree that (a) you will not disclose or use any Customer Information except to the extent necessary to carry out your obligations under this agreement, or pursuant to instructions from us, and for no other purpose; (b) you shall not disclose Customer Information to any third party, including without limitation, your third party service providers except to the extent necessary to carry out your obligations hereunder and then only with a written agreement with your third party service provider that likewise prohibits the third party service provider from using or disclosing Customer Information except to carry out the obligation to service the customer's transactions; (c) you shall maintain and require third party service providers to maintain effective security measures to protect Customer Information from unauthorized disclosure or use; (d) you shall provide us with information regarding your security measures upon our reasonable request and promptly provide us with information regarding any failure of such security measures or any security breach related to Customer Information. For purposes of this agreement, Customer Information includes but is not limited to: an individual's name, address, e-mail address, telephone number and/or social security number, the fact that an individual has a relationship with any other party or an individual's financial information.
13. You represent and warrant that you are a financial institution subject to Title III of the USA Patriot Act. You represent that you (a) have established written policies and procedures designed to prevent and detect money laundering, as required by the USA Patriot Act and the rules and regulations adopted thereunder; (b) identify and will continue to identify customers for whom you act and the sources of funds for the customers for whom you act and maintain all documentation necessary to identify those customers and the sources of their funds; (c) have filed the notice and will continue to file annually the notice, prescribed by 31 CFR 103.110 regarding sharing of information among financial institutions; and (d) do not believe and have no reason to believe, that any of the customers for whom you act are engaged in money laundering activities or are associated with any terrorist or other individuals, entities or organizations sanctioned by the United States, including any individuals, entities or organizations listed on the Specified Designated Nationals list issued by the Office of Foreign Asset Control or "OFAC". You agree to provide federal authorities with such information and records as they may request relating to anti-money laundering, and you consent to the inspection of your records and review of your anti-money laundering program by federal authorities.
14. You agree to indemnify and hold harmless the Funds and EquiTrust Investment Management Marketing Services, Inc. LLC and their respective agents, officers, directors members and employees from and against any and all losses, damages, claims, costs or expenses (including reasonable attorneys' fees) whether joint or several, to which any such person or entity may become subject insofar as such arise out of or are based upon any act or omission of any type, including lawful, unlawful, negligent, intentional or otherwise, or allegations thereof, by you or your employees or agents.
Appears in 1 contract
Solicitation of Applications. 1. Applications received from you and accepted by the Funds Fund will be at the public offering price determined in the manner described in the then current Prospectus prospectus of such Funds Portfolio notwithstanding anything to the contrary in this Agreement. The public offering price for the purchase of the Funds' shares Traditional Shares of a Portfolio is the Fund's or Portfolio's its net asset value per share.
2. The procedure relating to the handling of Applications applications shall be subject to instructions which we shall forward from time to time to all members of the Selling Group. All Applications applications are subject to acceptance by us and the respective Fund or Portfolio(s) at our West Des Moines, Iowa offices and we and the respective Fund or Portfolio(s) reserve the right, in our and their sole discretion, to reject any Applicationapplication.
3. As a member of the Selling Group, you agree:
(a) To purchase shares only from us or from your customers (other than a securities broker or dealer).
(b) That you will purchase shares from us only to cover purchase orders already received from your customers, or for your own bona fide investment.
(c) That you will not purchase shares from your customers at a price lower than the bid price then quoted by or for such Fund or Portfolio. You may, however, sell shares for the account of your customer to the Fund or Portfolio, or to us as agent for such Fund or Portfolio, at the bid price currently quoted by or for such Fund or Portfolio.
(d) That you will not withhold placing with us orders received from your customers so as to profit yourself as a result of such withholding.
4. You agree that you will promptly forward all customers' Applications to us. The Funds Fund will not accept conditional applications.
5. You agree that the Fund or Portfolio's share price applicable to Applications will be such Fund or Portfolio's public offering price next determined after receipt of the Application and payment at the office of the Funds Fund in West Des Moines, Iowa in accordance with the then current Prospectus prospectus of such Fund or Portfolio.
6. You will also act as principal in all purchases of Fund or Portfolio shares directly from us by a shareholder for whom you are the dealer of record and you authorize and appoint the Funds' Transfer Agent to execute and confirm such purchases to such shareholder on your behalf. You agree to indemnify the Funds and us for any loss, injury, damage, expense, or liability arising from or based upon any alleged or untrue statements or representations made by you other than statements contained in the Prospectus or our authorized sales literature.
7. Payments for Fund and Portfolio shares purchased must be made at or prior to acceptance of the Application at the Funds' Fund's office in West Des Moines, Iowa, as contemplated by the Application forms furnished by us. Delivery of shares will be made by credit to shareholder accounts.
87. Applications are subject to acceptance by us and the respective Fund or Portfolio(s)Fund. The Funds reserve Fund reserves the right in their its discretion without notice to you to suspend sales or withdraw the offering of shares entirely.
98. No person is authorized to make any representations concerning the Fund or any Portfolio or their its shares except those contained in such Fund's or Portfolio's then current Prospectus prospectus and any such information as may be authorized by us or such Fund or Portfolio for use as information supplemental to such Prospectusprospectus. In soliciting Applications for shares of the Fund or a Portfolio you shall rely solely on the representations contained in such Fund's or Portfolio's then current Prospectus prospectus and the supplemental information above mentioned.
109. Additional copies of any Prospectus prospectus or statement of additional information and any printed information designed as supplemental to such Prospectus prospectus will be supplied by us to members of the Selling Group in reasonable quantities upon request.
1110. Your acceptance of this agreement constitutes a representation that you: (a) you are a registered securities dealer with the Securities and Exchange Commission and the states where required, (b) are a member in good standing of the National Association of Securities Dealers, Dealers Inc. and (c) agree to comply with all applicable state and federal laws and rules and regulations applicable to transactions hereunder and to the Conduct Rules of the National Association of Securities Dealers, Dealers Inc. including specifically Conduct Rule 2830 thereof. You likewise agree that you will not offer or sell shares of the Fund or any Portfolio in any state or other jurisdiction in which they may not lawfully be offered for sale.
12. You agree to indemnify and hold harmless the Funds and EquiTrust Investment Management Services, Inc. and their respective agents, officers, directors and employees from and against any and all losses, damages, claims, costs or expenses (including reasonable attorneys' fees) whether joint or several, to which any such person or entity may become subject insofar as such arise out of or are based upon any act or omission of any type, including lawful, unlawful, negligent, intentional or otherwise, or allegations thereof, by you or your employees or agents.
Appears in 1 contract
Solicitation of Applications. 1. Applications received from you and accepted by the Funds appropriate Fund will be at the public offering price determined in the manner described in the then current Prospectus prospectus of such Funds Fund notwithstanding anything to the contrary in this Agreement. The public offering price for the purchase of the Funds' shares of a Fund is the Fund's or Portfolio's its net asset value per share.
2. The procedure relating to the handling of Applications applications shall be subject to instructions which we shall forward from time to time to all members of the Selling Group. All Applications applications are subject to acceptance by us and the respective Fund or Portfolio(s) Funds at our West Des Moines, Iowa offices and we and the respective Fund or Portfolio(s) Funds reserve the right, in our and their sole discretion, to reject any Applicationapplication.
3. As a member of the Selling Group, you agree:
(a) To purchase shares only from us or from your customers (other than a securities broker or dealer).
(b) That you will purchase shares from us only to cover purchase orders already received from your customers, or for your own bona fide investment.
(c) That you will not purchase shares from your customers at a price lower than the bid price then quoted by or for such Fund or PortfolioFund. You may, however, sell shares for the account of your customer to the Fund or PortfolioFund, or to us as agent for such Fund or PortfolioFund, at the bid price currently quoted by or for such Fund or PortfolioFund.
(d) That you will not withhold placing with us orders received from your customers so as to profit yourself as a result of such withholding.
4. You agree that you will promptly forward all customers' Applications applications to us. The Funds will not accept conditional applications.
5. You agree that the Fund or PortfolioFund's share price applicable to Applications applications will be such Fund or PortfolioFund's public offering price next determined after receipt of the Application application and payment at the office of the Funds such Fund in West Des Moines, Iowa in accordance with the then current Prospectus prospectus of such Fund or PortfolioFund.
6. You will also act as principal in all purchases of Fund or Portfolio shares directly from us by a shareholder for whom you are the dealer of record and you authorize and appoint the Funds' Transfer Agent to execute and confirm such purchases to such shareholder on your behalf. You agree to indemnify the Funds and us for any loss, injury, damage, expense, or liability arising from or based upon any alleged or untrue statements or representations made by you other than statements contained in the Prospectus or our authorized sales literature.
7. Payments for Fund and Portfolio shares purchased must be made at or prior to acceptance of the Application application at the Funds' Fund's office in West Des Moines, Iowa, as contemplated by the Application application forms furnished by us. Delivery of shares will be made by credit to shareholder accountsaccounts or, if requested in writing, by delivery of certificates.
87. Applications are subject to acceptance by us and the respective Fund or Portfolio(s)Funds. The Funds reserve the right in their discretion discretion, without notice to you you, to suspend sales or withdraw the offering of shares entirely.
98. No person is authorized to make any representations concerning the any Fund or any Portfolio or their its shares except those contained in such Fund's or Portfolio's then current Prospectus prospectus and any such information as may be authorized by us or such Fund or Portfolio for use as information supplemental to such Prospectusprospectus. In soliciting Applications applications for shares of the Fund or a Portfolio Fund, you shall rely solely on the representations contained in such Fund's or Portfolio's then current Prospectus prospectus and the supplemental information above mentioned.
109. Additional copies of any Prospectus prospectus or statement of additional information and any printed information designed as supplemental to such Prospectus prospectus will be supplied by us to members of the Selling Group in reasonable quantities upon request.
1110. Your acceptance of this agreement constitutes a representation that you: you are (ai) are a registered securities security dealer with the Securities and Exchange Commission and the states where required, (b) are a member in good standing of the National Association of Securities Dealers, Inc. and (c) agree to comply with all applicable state and federal laws and rules and regulations applicable to transactions hereunder and to the Conduct Rules rules of Fair Practice of the National Association of Securities Dealers, Inc. Inc., including specifically Conduct Rule 2830 Section 26, Article III thereof. You likewise agree that you will not offer or sell shares of the any Fund or any Portfolio in any state or other jurisdiction in which they may not lawfully be offered for sale.
12. You agree to indemnify and hold harmless the Funds and EquiTrust Investment Management Services, Inc. and their respective agents, officers, directors and employees from and against any and all losses, damages, claims, costs or expenses (including reasonable attorneys' fees) whether joint or several, to which any such person or entity may become subject insofar as such arise out of or are based upon any act or omission of any type, including lawful, unlawful, negligent, intentional or otherwise, or allegations thereof, by you or your employees or agents.
Appears in 1 contract
