ETF Opportunities Trust Sample Contracts
INVESTMENT SUB-ADVISORY AGREEMENT with TIDAL INVESTMENTS, LLCInvestment Sub-Advisory Agreement • August 9th, 2024 • ETF Opportunities Trust • Delaware
This Investment Sub-Advisory Agreement (the “Agreement”) is made by and among 3Fourteen & SMI Advisory Services, LLC, an Indiana limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 4400 Ray Boll Blvd., Columbus, Indiana 47203, ETF Opportunities Trust (the “Trust”), and Tidal Investments, LLC, a Delaware limited liability company with its principal place of business located at 898 N. Broadway, Suite 2, Massapequa, New York, 11758 (the “Sub-Adviser”).
Standard Contracts
AGREEMENT AND DECLARATION OF TRUST of ETF Opportunities Trust a Delaware Statutory TrustAgreement and Declaration of Trust • June 15th, 2020 • ETF Opportunities Trust • Delaware
ETF DISTRIBUTION AGREEMENTDistribution Agreement • April 16th, 2021 • ETF Opportunities Trust • Delaware
This Distribution Agreement (the “Agreement”) is made this 24th day of March 2020, by and between ETF Opportunities Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at 8370 Stony Point Parkway, Suite 205, Richmond, VA 23235, and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.
FORM OF AUTHORIZED PARTICIPANT AGREEMENT ETF OPPORTUNITIES TRUSTAuthorized Participant Agreement • June 15th, 2020 • ETF Opportunities Trust • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between Foreside Fund Services, LLC (the “Distributor”) and __________ (the “Participant”) and is subject to acceptance by [Name of Transfer Agent/Index Receipt Agent] (the “[Transfer Agent/Index Receipt Agent]”), and is further subject to acknowledgement and agreement by ETF Opportunities Trust (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), solely with respect to Sections 4(c) and 12(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (together with such Fund’s Statement of Additional Information incorporated therein, the “Prospectus”).
FUND SERVICES AGREEMENT Administration Services Between Commonwealth Fund Services, Inc. and ETF Opportunities Trust March 17, 2023 Amended as of June 25, 2024Fund Services Agreement • August 9th, 2024 • ETF Opportunities Trust • Virginia
AGREEMENT (this “Agreement”), dated as of March 17, 2023 and amended as of June 25, 2024 between Commonwealth Fund Services, Inc., a corporation organized in accordance with the laws of the Commonwealth of Virginia (“CFS”) and ETF Opportunities Trust, a statutory trust organized and existing under the laws of the State of Delaware (the “Trust”).
SERVICES AGREEMENT ETF Opportunities Trust and Citi Fund Services Ohio, Inc. and Citibank, N.A. Version – July 2017Services Agreement • April 16th, 2021 • ETF Opportunities Trust • New York
THIS SERVICES AGREEMENT (the “Agreement”) is made on May 14, 2020, by and between ETF Opportunities Trust (the “Client”), Citi Fund Services Ohio, Inc. (“CFSO”), and Citibank, N.A. (“Citibank”, together with CFSO, the “Service Provider” or “Citi” and, with the Client, the “Parties”). If more than one Client has signed this Agreement, this Agreement shall be considered a separate agreement between the Service Provider and each Client, and no Client shall be (i) liable for the obligations of any other Client or (ii) entitled to the benefits conferred under this Agreement on any other Client.
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • August 9th, 2024 • ETF Opportunities Trust
THIS AGREEMENT made the 25th day of June 2024, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and 3Fourteen & SMI Advisory Services, LLC, an Indiana limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 4400 Ray Boll Blvd., Columbus, Indiana 47203, with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).
INVESTMENT SUB-ADVISORY AGREEMENT with Tidal Investments, LLCInvestment Sub-Advisory Agreement • February 18th, 2025 • ETF Opportunities Trust • Delaware
This Investment Sub-Advisory Agreement (the “Agreement”) is made as of this 9th day of March, 2021 and amended as of December 20, 2022 and further amended as of May 30, 2024 by and among Formidable Investments, LLC, an Ohio limited liability company with its principal place of business at 221 East 4th Street Suite 2700, Cincinnati, OH 45202 (the “Adviser”), ETF Opportunities Trust (the “Trust”), and Tidal Investments, LLC, a Delaware limited liability company with its principal place of business located at 898 N. Broadway, Suite 2, Massapequa, New York, 11758 (the “Sub-Adviser”).
Amendment NO. 10 to services agreementServices Agreement • November 28th, 2022 • ETF Opportunities Trust
This AMENDMENT No.10 (“Amendment”) is made as of July 21, 2022, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
FUND SERVICES AGREEMENT Administration Services Between Commonwealth Fund Services, Inc. and ETF Opportunities Trust June 25, 2024 Amended as of December 17, 2024Fund Services Agreement • February 18th, 2025 • ETF Opportunities Trust • Virginia
AGREEMENT (this “Agreement”), dated as of June 25, 2024 and amended as of December 17, 2024 between Commonwealth Fund Services, Inc., a corporation organized in accordance with the laws of the Commonwealth of Virginia (“CFS”) and ETF Opportunities Trust, a statutory trust organized and existing under the laws of the State of Delaware (the “Trust”).
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • February 18th, 2025 • ETF Opportunities Trust
EXPENSE LIMITATION AGREEMENT, effective as of the dates set forth on Schedule A by and between Brookmont Capital Management, LLC (the “Adviser”) and ETF Opportunities Trust (the “Trust”) (“Agreement”), on behalf of the series of the Trust set forth in Schedule A attached hereto (each a “Fund,” and collectively, the “Funds”).
ETF FUND ACCOUNTING SERVICING AGREEMENTEtf Fund Accounting Servicing Agreement • September 13th, 2024 • ETF Opportunities Trust • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between ETF Opportunities Trust, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
FUND SUB-ADMINISTRATION SERVICING AGREEMENTFund Sub-Administration Servicing Agreement • September 13th, 2024 • ETF Opportunities Trust • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between ETF Opportunities Trust, a Delaware statutory trust (the “Trust”), Commonwealth Fund Services, Inc, the Virginia corporation (the “Administrator”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • September 13th, 2024 • ETF Opportunities Trust • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between ETF Opportunities Trust, a Delaware statutory trust (the “Trust”) U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENTGlobal Custodial and Agency Services Agreement • June 15th, 2020 • ETF Opportunities Trust
THIS GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENT is made on May 14, 2020 individually, by and between, ETF Opportunities Trust located at 8730 Stony Point Parkway, Suite 205, Richmond, VA 23235 (“Client”), and Citibank, N.A. acting through its offices in New York (“Custodian”).
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • August 9th, 2024 • ETF Opportunities Trust • Delaware
This eleventh amendment (“Amendment”) to the ETF distribution agreement (the “Agreement”) dated as of September 30, 2021, between ETF Opportunities Trust (the “Trust”) and Foreside Fund Services, LLC (together with the Trust, the “Parties”) is made effective as of June 25, 2024.
AMENDED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • May 21st, 2024 • ETF Opportunities Trust
THIS AGREEMENT which is made effective as of the date noted in the Schedules attached hereto and may be amended from time to time, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and REX Advisers, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 1241 Post Road, 2nd Floor, Fairfield, Connecticut 42860 with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).
INVESTMENT SUB-ADVISORY AGREEMENT with Tidal Investments, LLCInvestment Sub-Advisory Agreement • December 13th, 2024 • ETF Opportunities Trust • Delaware
This Investment Sub-Advisory Agreement (the “Agreement”) is made as of the 26th day of September 2023 and amended as of May 30, 2024 by and among IDX Advisors, LLC, a Florida limited liability company with its principal place of business at 2201 E. Camelback Road, Suite 605, Phoenix, Arizona 85016 (the “Adviser”), ETF Opportunities Trust (the “Trust”), Toroso Investments, LLC, a Delaware limited liability company with its principal place of business located at 898 N. Broadway, Suite 2, Massapequa, New York, 11758 (the “Sub-Adviser”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • February 18th, 2025 • ETF Opportunities Trust • Delaware
THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made by and between ETF Opportunities Trust (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Brookmont Capital Management, LLC (the “Adviser”), a Texas limited liability company with its principal place of business at 5950 Berkshire Lane, Suite 1420, Dallas, Texas 75225. This Agreement is made effective as to each Fund (defined below) as of the date set forth on the set of schedules to this Agreement identified as “Schedule A” and then numerically designated (e.g., Schedule A-1) attached hereto as of the “Effective Date” noted on each Schedule A with respect to each of the Funds.
AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • November 28th, 2022 • ETF Opportunities Trust
THIS AGREEMENT is made by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Cultivar Capital, Inc., a Texas corporation (hereinafter referred to as “Adviser”) with its principal place of business located at 421 E. Hickory Street., Suite 103, Denton, Texas 76201. This Agreement is made effective as to each Fund (defined below) as of the date set forth on the schedule(s) to this Agreement identified as “Schedule A” and then numerically designated (e.g., “Schedule A-1”) attached hereto as of the “Effective Date” noted on each Schedule A.
AMENDMENT NO.4 TO SERVICES AGREEMENTServices Agreement • April 16th, 2021 • ETF Opportunities Trust
This AMENDMENT No.4 (“Amendment”) is made as of March 1, 2021, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
Amendment NO. 9 to services agreementServices Agreement • March 24th, 2022 • ETF Opportunities Trust
This AMENDMENT No. 9 (“Amendment”) is made as of December 1, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
THIRD AMENDMENT TO THE FUND SUB-ADMINISTRATION SERVICING AGREEMENTFund Sub-Administration Servicing Agreement • February 18th, 2025 • ETF Opportunities Trust
THIS THIRD AMENDMENT effective as of the last date in the signature block (the “Effective Date”), to the Fund Sub-Administration Servicing Agreement dated as of August 13, 2024, as amended (the “Agreement”), is entered into by and between ETF OPPORTUNITIES TRUST, a Delaware statutory trust (the “Trust”), Commonwealth Fund Services, Inc, a Virginia corporation (the “Administrator”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
Amendment NO. 8 to services agreementServices Agreement • November 23rd, 2021 • ETF Opportunities Trust
This AMENDMENT No. 8 (“Amendment”) is made as of October 1, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
Commonwealth Fund Services, Inc. FUND SERVICES AGREEMENT Administration Services Between Commonwealth Fund Services, Inc. and ETF Opportunities Trust October 4, 2021Fund Services Agreement • November 23rd, 2021 • ETF Opportunities Trust • Virginia
AGREEMENT (this “Agreement”), dated as of October 4, 2021, between Commonwealth Fund Services, Inc., a corporation organized in accordance with the laws of the Commonwealth of Virginia (“CFS”) and ETF Opportunities Trust, a statutory trust organized and existing under the laws of the State of Delaware (the “Trust”).
AMENDED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • November 22nd, 2024 • ETF Opportunities Trust
THIS AGREEMENT which is made effective as of the date noted in the Schedules attached hereto and may be amended from time to time, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and REX Advisers, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 1241 Post Road, 2nd Floor, Fairfield, Connecticut 42860 with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).
Global CUSTODIAL AND AGENCY services agreementGlobal Custodial and Agency Services Agreement • February 18th, 2025 • ETF Opportunities Trust
This AMENDMENT No. 20 (“Amendment”) is made as of September 25, 2024, by and between ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Custodian”, together with the Client, the “Parties”), to that certain Global Custodial and Agency Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
THIRD AMENDMENT TO THE CUSTODY AGREEMENTCustody Agreement • February 18th, 2025 • ETF Opportunities Trust
THIS THIRD AMENDMENT effective as the last date of the signature block (the “Effective Date”), to the Custody Agreement dated as of August 13, 2024, as amended (the “Agreement”), is entered into by and between ETF OPPORTUNITIES TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • June 15th, 2020 • ETF Opportunities Trust
AGREEMENT made the 4h day of December, 2019, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Ridgeline Research LLC, a Delaware limited liability company (hereinafter referred to as “Ridgeline”).
FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • August 9th, 2024 • ETF Opportunities Trust • Delaware
THIS AGREEMENT, dated as of July 10, 2024, between Valued Advisers Trust, a Delaware statutory trust, on behalf of itself or its separate series listed on Schedule A, severally and not jointly (the “Acquiring Funds”), and ETF Opportunities Trust, a Delaware statutory trust, on behalf of its respective series listed on Schedule A, severally and not jointly (the “Acquired Funds” and together with the Acquiring Funds, the “Funds”).
services agreementServices Agreement • October 12th, 2021 • ETF Opportunities Trust
This AMENDMENT No. 7 (“Amendment”) is made as of September 16, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
Amendment NO. 14 to services agreementServices Agreement • July 28th, 2023 • ETF Opportunities Trust
This AMENDMENT No. 14 (“Amendment”) is made as of July 10, 2023, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • July 20th, 2021 • ETF Opportunities Trust
AGREEMENT made the 9th day of March, 2021, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Applied Finance Advisors, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”).
FOURTH AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • March 17th, 2023 • ETF Opportunities Trust • Delaware
This fourth amendment (“Amendment”) to the ETF distribution agreement (the “Agreement”) dated as of September 30, 2021 by ETF Opportunities Trust (the “Trust”) and Foreside Fund Services, LLC (together with the Trust, the “Parties”) is made effective as of December 20, 2022.
AMENDMENT NO. 19 TO GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENTGlobal Custodial and Agency Services Agreement • September 23rd, 2024 • ETF Opportunities Trust
This AMENDMENT No. 19 (“Amendment”) is made as of June 25, 2024, by and between ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Custodian”, together with the Client, the “Parties”), to that certain Global Custodial and Agency Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
