ETF Opportunities Trust Sample Contracts

INVESTMENT SUB-ADVISORY AGREEMENT with TIDAL INVESTMENTS, LLC
Investment 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”).

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AGREEMENT AND DECLARATION OF TRUST of ETF Opportunities Trust a Delaware Statutory Trust
Agreement and Declaration of Trust • June 15th, 2020 • ETF Opportunities Trust • Delaware
ETF DISTRIBUTION AGREEMENT
Distribution 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 TRUST
Authorized 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, 2024
Fund 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 2017
Services 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 AGREEMENT
Investment 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”).

Amendment NO. 10 to services agreement
Services 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.

GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENT
Global 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 AGREEMENT
Etf 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 AGREEMENT
Investment 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, LLC
Investment 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”).

AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT
Investment 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 AGREEMENT
Services 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 agreement
Services 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.

Amendment NO. 8 to services agreement
Services 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, 2021
Fund 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”).

INVESTMENT ADVISORY AGREEMENT
Investment 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 AGREEMENT
Fund 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 agreement
Services 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 agreement
Services 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 AGREEMENT
Investment 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”).

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FOURTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Etf 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 AGREEMENT
Global 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.

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • September 23rd, 2024 • ETF Opportunities Trust

THIS AGREEMENT which was made as of the 1st day of April 2023, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Tuttle Capital Management, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 155 Lockwood Road, Riverside, Connecticut 06878 with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).

AMENDMENT NO. 21 TO SERVICES AGREEMENT
Services Agreement • September 23rd, 2024 • ETF Opportunities Trust

This AMENDMENT No. 21 (“Amendment”) is made as of June 25, 2024, 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.

ETF Opportunities Trust 485BPOS
Fee Waiver Agreement • November 7th, 2023 • ETF Opportunities Trust

This letter confirms the agreement of Tuttle Capital Management, LLC (the "Adviser") with the Trust to waive 0.03% of the Fund's annual advisory fee under the Investment Advisory Agreement dated April 1, 2023, as amended September 26, 2023, between the Trust and the Adviser.

Amendment NO. 10 to Global CUSTODIAL AND AGENCY services agreement
Global Custodial and Agency Services Agreement • March 30th, 2023 • ETF Opportunities Trust

This AMENDMENT No. 10 (“Amendment”) is made as of December 20, 2022, 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.

AMENDMENT NO. 15 TO
Services Agreement • October 20th, 2023 • ETF Opportunities Trust

This AMENDMENT No. 15 (“Amendment”) is made as of September 26, 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.

AMENDMENT NO. 18 TO SERVICES AGREEMENT
Services Agreement • January 23rd, 2024 • ETF Opportunities Trust

This AMENDMENT No. 18 (“Amendment”) is made as of January 12, 2024, 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 AGREEMENT
Investment Advisory Agreement • October 20th, 2023 • ETF Opportunities Trust

THIS AGREEMENT which was made as of the 1st day of April 2023, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Tuttle Capital Management, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 155 Lockwood Road, Riverside, Connecticut 06878 with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).

AMENDMENT NO.4 TO GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENT
Global Custodial and Agency Services Agreement • July 20th, 2021 • ETF Opportunities Trust

This AMENDMENT No.4 (“Amendment”) is made as of April 1, 2021, 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.

EIGHTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • January 23rd, 2024 • ETF Opportunities Trust • Delaware

This eighth 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 December 19, 2023.

EIGHTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • January 8th, 2024 • ETF Opportunities Trust • Delaware

This eighth 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 December 19, 2023.

AMENDMENT NO. 12 TO SERVICES AGREEMENT
Services Agreement • March 30th, 2023 • ETF Opportunities Trust

This AMENDMENT No. 12 (“Amendment”) is made as of December 20, 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.

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