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 Commission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Pointbreak”, “Pointbreak ETF Trust” and the Pointbreak 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 and describing the functions of the Trust 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 Commission, 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 Commission, any state securities commission, or any federal or state regulatory authority. AdvisorShares is a registered trademark of AdvisorShares Investments, LLC. The Distributor shall not use the name “Pointbreak”, “Pointbreak ETF TrustAdvisorShares” and the Pointbreak 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 and describing the functions of the Trust 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 Commission, 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 Commission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the Trust’s name and “PointbreakNextSharesTM”, “Pointbreak ETF TrustXxxxx Xxxxx” and the Pointbreak Funds listed on Exhibit A “Navigate Fund Solutions” or Exchange-Traded Managed 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 functions of the Trust 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 Commission, 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, and Board of Trustees.

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, delayed or conditioned. The Distributor hereby consents to all uses of its name required by the CommissionSEC, any state or territory securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Pointbreak”, “Pointbreak Forum ETF Trust” and or the Pointbreak Funds listed on Exhibit A name of any Investment Adviser 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 hereunderhereunder and of the Investment Adviser with respect to the Trust, in a manner not approved by the Trust Trust, in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name and the Investment Advisers names required by the CommissionSEC, any state or territorial securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval consent to not be unreasonably withheld, delayed or conditioned. Notwithstanding the preceding sentence, the Distributor may us the name of any Investment Adviser in accordance with any agreement between the Investment Adviser and the Distributor. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement or the arrangements contemplated hereunder without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this AgreementAgreement to any third persons, 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 Commission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Pointbreak”Absolute Shares Trust,” “WBI Investments, Inc.,” or “Pointbreak ETF TrustMillington Securities, Inc.” and the Pointbreak Funds listed on Exhibit A any derivatives thereof 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 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 Commission, 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.