Common use of USE OF ADVISER’S NAME Clause in Contracts

USE OF ADVISER’S NAME. The parties agree that the names of the Adviser and its affiliates and the Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Adviser Property”) are the valuable property of the Adviser and its affiliates. The Manager and the Trust may use Adviser Property: (1) to identify Adviser as the subadviser to the Trust as required by law or governmental regulations; (2) in marketing materials provided that such use is limited to: (a) identifying Adviser and the services performed for the Trust by the Adviser; and (b) providing biographical information about the Adviser derived from information provided by or made public by Adviser or its affiliates; and (3) to name the Fund “EQ/Xxxxxxxxx Growth Portfolio.” Any other use of Adviser Property must be expressly pre-approved in writing by Adviser. Any change in any approved use of Adviser Property including, without limitation, change in Fund name, requires prior approval in writing by the Adviser. Upon termination of this Agreement, the Manager and the Trust shall forthwith cease to use Adviser Property. If the Manager or the Trust makes any unauthorized use of Adviser Property the parties acknowledge that the Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law.

USE OF ADVISER’S NAME. The parties agree that the names of the Adviser and its affiliates and the Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Adviser Property”) are the valuable property of the Adviser and its affiliates. The Manager and the Trust may use Adviser Property: (1) to identify Adviser as the subadviser to the Trust as required by law or governmental regulations; (2) in marketing materials provided that such use is limited to: (a) identifying Adviser and the services performed for the Trust by the Adviser; and (b) providing biographical information about the Adviser derived from information provided by or made public by Adviser or its affiliates; and (3) to name the Fund “EQ/Xxxxxxxxx Growth Franklin Income Portfolio.” Any other use of Adviser Property must be expressly pre-approved in writing by Adviser. Any change in any approved use of Adviser Property including, without limitation, change in Fund name, requires prior approval in writing by the Adviser. Upon termination of this Agreement, the Manager and the Trust shall forthwith cease to use Adviser Property. If the Manager or the Trust makes any unauthorized use of Adviser Property the parties acknowledge that the Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law.

USE OF ADVISER’S NAME. The parties agree that the names of the Adviser and its affiliates and the Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Adviser Property”) are the valuable property of the Adviser and its affiliates. The Manager and the Trust may use Adviser Property: (1) to identify Adviser as the subadviser to the Trust as required by law or governmental regulations; (2) in marketing materials provided that such use is limited to: (a) identifying Adviser and the services performed for the Trust by the Adviser; and (b) providing biographical information about the Adviser derived from information provided by or made public by Adviser or its affiliates; and (3) to name the Fund “EQ/Xxxxxxxxx Growth Mutual Shares Portfolio.” Any other use of Adviser Property must be expressly pre-approved in writing by Adviser. Any change in any approved use of Adviser Property including, without limitation, change in Fund name, requires prior approval in writing by the Adviser. Upon termination of this Agreement, the Manager and the Trust shall forthwith cease to use Adviser Property. If the Manager or the Trust makes any unauthorized use of Adviser Property the parties acknowledge that the Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law.

USE OF ADVISER’S NAME. The parties agree that the names of the Adviser and its affiliates and the Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Adviser Property”) are the valuable property of the Adviser and its affiliates. The Manager and the Trust may use Adviser Property: (1) to identify Adviser as the subadviser to the Trust as required by law or governmental regulations; (2) in marketing materials provided that such use is limited to: (a) identifying Adviser and the services performed for the Trust by the Adviser; and (b) providing biographical information about the Adviser derived from information provided by or made public by Adviser or its affiliates; and (3) to name the Fund “EQ/Xxxxxxxxx Growth Mutual Large Cap Equity Portfolio.” Any other use of Adviser Property must be expressly pre-approved in writing by Adviser. Any change in any approved use of Adviser Property including, without limitation, change in Fund name, requires prior approval in writing by the Adviser. Upon termination of this Agreement, the Manager and the Trust shall forthwith cease to use Adviser Property. If the Manager or the Trust makes any unauthorized use of Adviser Property the parties acknowledge that the Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law.

USE OF ADVISER’S NAME. The parties agree that the names of the Adviser and its affiliates and the Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Adviser Property”) are the valuable property of the Adviser and its affiliates. The Manager and the Trust may use Adviser Property: (1) to identify Adviser as the subadviser to the Trust as required by law or governmental regulations; (2) in marketing materials provided that such use is limited to: (a) identifying Adviser and the services performed for the Trust by the Adviser; and (b) providing biographical information about the Adviser derived from information provided by or made public by Adviser or its affiliates; and (3) to name the Fund “EQ/Xxxxxxxxx Growth Franklin Core Balanced Portfolio.” Any other use of Adviser Property must be expressly pre-approved in writing by Adviser. Any change in any approved use of Adviser Property including, without limitation, change in Fund name, requires prior approval in writing by the Adviser. Upon termination of this Agreement, the Manager and the Trust shall forthwith cease to use Adviser Property. If the Manager or the Trust makes any unauthorized use of Adviser Property the parties acknowledge that the Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law.

USE OF ADVISER’S NAME. The parties agree that the names of the Adviser and its affiliates and the Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Adviser Property”) are the valuable property of the Adviser and its affiliates. The Manager and the Trust may use Adviser Property: (1) to identify Adviser as the subadviser to the Trust as required by law or governmental regulations; (2) in marketing materials provided that such use is limited to: (a) identifying Adviser and the services performed for the Trust by the Adviser; and (b) providing biographical information about the Adviser derived from information provided by or made public by Adviser or its affiliates; and (3) to name the Fund “EQ/Xxxxxxxxx Growth AXA Franklin Small Cap Value Core Portfolio.” Any other use of Adviser Property must be expressly pre-approved in writing by Adviser. Any change in any approved use of Adviser Property including, without limitation, change in Fund namethe name of a Fund, requires prior approval in writing by the Adviser. Upon termination of this Agreement, the Manager and the Trust shall forthwith cease to use Adviser Property. If the Manager or the Trust makes any unauthorized use of Adviser Property the parties acknowledge that the Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law.

USE OF ADVISER’S NAME. The parties agree that the names of the Adviser and its affiliates and the Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Adviser Property”) are the valuable property of the Adviser and its affiliates. The Manager and the Trust may use Adviser Property: (1) to identify Adviser as the subadviser to the Trust as required by law or governmental regulations; (2) in marketing materials provided that such use is limited to: (a) identifying Adviser and the services performed for the Trust by the Adviser; and (b) providing biographical information about the Adviser derived from information provided by or made public by Adviser or its affiliates; and (3) to name the Fund “EQ/Xxxxxxxxx Growth Franklin Small Cap Value Portfolio.” Any other use of Adviser Property must be expressly pre-approved in writing by Adviser. Any change in any approved use of Adviser Property including, without limitation, change in Fund namethe name of a Fund, requires prior approval in writing by the Adviser. Upon termination of this Agreement, the Manager and the Trust shall forthwith cease to use Adviser Property. If the Manager or the Trust makes any unauthorized use of Adviser Property the parties acknowledge that the Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law.