Common use of Use of Names; Publicity Clause in Contracts

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF Trust” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF Trust” names [insert Trust name] in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust Funds shall not use the Distributor’s name name, or any trade or service xxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name “Tidal ETF Trust” of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the Trust as a client functions of Distributor the Funds hereunder, in a manner not approved by the Trust Managing Owner in writing prior to such use; provided, however, provided that the Trust in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the TrustManaging Owner. Neither None of the Trust nor Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF Trust” name, trademarks, service marks or any other intellectual property of the Trust or its affiliated persons (as defined in the 0000 Xxx) in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust Funds shall not use the Distributor’s name name, or any trade or service xxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderhereunder and under any Distribution Consulting and Marketing Services Agreement among the Sponsor, the Trust and the Distibutor, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name “Tidal ETF Trust” of the Trust or the Sponsor in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying the Trust as a client of Distributor Funds hereunder, in a manner not approved by the Trust Sponsor in writing prior to such use; provided, however, provided that in no case shall such approval be unreasonably withheld. The Sponsor and the Trust shall hereby consent to all uses of its name their names required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding Sponsor and the existence of this Agreement without Trust also hereby consent to the express written consent inclusion of the Sponsor’s and/or Trust’s names on the Distributor’s website noting such parties as clients of the Distributor. Neither None of the Sponsor, the Trust nor or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF TrustWisdomTree” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by lawlaw and to the Trust’s Investment Adviser, professional advisers and Board of Trustees.

Use of Names; Publicity. The Trust Funds shall not use the Distributor’s name 's name, or any trade or service xxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name “Tidal ETF Trust” of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the Trust as a client functions of Distributor the Funds hereunder, in a manner not approved by the Trust Managing Owner in writing prior to such use; provided, however, provided that the Trust in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the TrustManaging Owner. Neither None of the Trust nor Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF Trust” of the Trust or any of the Funds or Investment Advisers in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust Funds shall not use the Distributor’s name name, or any trade or service mxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name “Tidal ETF Trust” of the Trust or the Sponsor in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the Trust as a client functions of Distributor the Funds hereunder, in a manner not approved by the Trust Sponsor in writing prior to such use; provided, however, provided that in no case shall such approval be unreasonably withheld. The Sponsor and the Trust shall hereby consent to all uses of its name their names required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding Sponsor and the existence of this Agreement without Trust also hereby consent to the express written consent inclusion of the Sponsor’s and/or Trust’s names on the Distributor’s website noting such parties as clients of the Distributor. Neither None of the Sponsor, the Trust nor or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF TrustVert Asset Management LLC” or “Vert Global Sustainable Real Estate ETF” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying the Trust Fund as a client of the Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name names “Tidal ETF TrustFocusShares” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name names “Tidal ETF TrustNETS” or “Northern” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust Funds shall not use the Distributor’s name name, or any trade or service xxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name “Tidal ETF Trust” of the Trust or the Sponsor in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the Trust as a client functions of Distributor the Funds hereunder, in a manner not approved by the Trust Sponsor in writing prior to such use; provided, however, provided that in no case shall such approval be unreasonably withheld. The Sponsor and the Trust shall hereby consent to all uses of its name their names required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding Sponsor and the existence of this Agreement without Trust also hereby consent to the express written consent inclusion of the Sponsor’s and/or Trust’s names on the Distributor’s website noting such parties as clients of the Distributor. Neither None of the Sponsor, the Trust nor or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF Opportunities Trust” or the names of any of the Funds listed on Exhibit A in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust Managing Owner and the Funds shall not use the Distributor’s name 's name, or any trade or service xxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name “Tidal ETF Trust” of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the Trust as a client functions of Distributor the Funds hereunder, in a manner not approved by the Trust Managing Owner in writing prior to such use; provided, however, provided that the Trust in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the TrustManaging Owner. Neither None of the Trust nor Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF Trust” names [ETC or Exchange Traded Concepts,] in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF TrustJavelin” or “JETS” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall not unreasonably withhold consent to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law. Notwithstanding the foregoing, the Trust hereby consents to the placement of an announcement on Distributor’s website stating that the Trust is a new client of Distributor’s for ETF services.

Use of Names; Publicity. The Trust shall not use the DistributorBank’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor Bank hereunder, in a manner not approved by the Distributor Bank in writing prior to such use; provided, such approval not to be unreasonably withheld. The Distributor hereby consents however, that Bank shall consent to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor Bank shall not use the name names “Tidal ETF TrustNETS” or “Northern” in any offering material, shareholder report, advertisement or other material relating to the DistributorBank, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor Bank will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor Bank will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF of the Trust” , a Fund, or any investment adviser to a Fund in any offering material, shareholder report, advertisement or other material materials relating to the Distributor, whether produced for marketing, regulatory compliance or other than for the purpose of merely identifying the Trust as a client of Distributor hereunderpurposes, in a manner not approved by the Trust referenced party in writing prior to such use; provided, howeversuch approval not to be unreasonably withheld. The Trust, that the Trust shall consent on behalf of itself and each Fund, hereby approves of and consents to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authorityauthority with jurisdiction over the Trust; and provided, furtherhowever, that in no case shall the Distributor notifies the Trust prior to such approval be unreasonably withhelduse to the extent permitted by applicable law. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the DistributorService Provider’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor Service Provider hereunder, in a manner not approved by the Distributor Service Provider in writing prior to such use, such approval not to be unreasonably withheld. The Distributor Service Provider hereby consents to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority. The Distributor Service Provider shall not use the name “Tidal ETF TrustSolidX” in any offering material, shareholder report, advertisement or other material relating to the DistributorService Provider, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor Service Provider will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor Service Provider will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal ETF TrustXxxxx & Steers” or any derivation thereof in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust shall not use the Distributor’s 's name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Tidal "Xxxxx Fundamental ETF Trust” " in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the SECCommission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Trust Managing Owner and the Funds shall not use the Distributor’s name name, or any trade or service xxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name “Tidal ETF Trust” of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the Trust as a client functions of Distributor the Funds hereunder, in a manner not approved by the Trust Managing Owner in writing prior to such use; provided, however, provided that the Trust in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the TrustManaging Owner. Neither None of the Trust nor Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.