THIRD AMENDMENT TO FUND SERVICES AGREEMENT
THIRD AMENDMENT TO FUND SERVICES AGREEMENT
THIS THIRD AMENDMENT TO FUND SERVICES AGREEMENT (this Amendment) is effective as of May 1, 2021, and is made by and between Gemini Fund Services, LLC, a Nebraska limited liability company (“GFS”), and Advisors Preferred Trust, a Delaware statutory trust (the “Trust”).
WHEREAS, GFS and the Trust are parties to that certain Fund Services Agreement dated January 1, 2018, as amended (the “Agreement”); and
WHEREAS, the parties desire to amend the Agreement as described herein.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements herein set forth, the parties hereto agree as follows:
| 1. | Amendments. |
(a) Section 12(a) to the Agreement hereby is deleted in its entirety and replaced with the following, as the same may be amended from time to time:
| (a) | Term. This Agreement shall remain in effect until April 30, 2023, and shall continue in effect for successive twelve-month periods provided that such continuance is specifically approved at least annually by a majority of the Board. |
(b) Appendix IV-1 to the Agreement hereby is deleted in its entirety and replaced with the Appendix IV-1 attached hereto.
(c) Appendix IV-2 to the Agreement hereby is deleted in its entirety and replaced with the Appendix IV-2 attached hereto.
(d) Appendix IV-4 to the Agreement hereby is deleted in its entirety and replaced with the Appendix IV-4 attached hereto.
(e) Appendix IV-5 to the Agreement hereby is deleted in its entirety and replaced with the Appendix IV-5 attached hereto.
(f) Appendix IV-6 to the Agreement hereby is deleted in its entirety and replaced with the Appendix IV-6 attached hereto.
| 2. | Miscellaneous. |
(a) In further consideration of this Amendment, Gemini agrees that for the term of the Agreement, it will take no action, and will prevent its officers, employees, and affiliates from taking any action, with respect to any sub-adviser engaged by the Adviser to perform sub-advisory services with respect to any Fund(s) (collectively, the “Sub-advisers” and each a “Sub-adviser”), to facilitate any move by a Sub-adviser to discontinue its sub-advisory relationship with the Adviser, including, without limitation, any action that would facilitate a Sub-adviser’s efforts to serve as the sponsor or adviser to any existing or newly formed series of any series trust for which Gemini or any affiliate of Gemini serves as administrator. Notwithstanding the foregoing, however, neither Gemini nor any officer, employee, or affiliate of Gemini will be prohibited from providing services to any fund(s) for which a Sub-adviser serves as sponsor or adviser, provided, that Gemini has first obtained (on its own behalf and/or on behalf of any of its officers, employees, or affiliates), the prior written consent of Adviser; such consent not to be unreasonably withheld.
(b) Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Agreement.
| (c) | Except as hereby amended, the Agreement shall remain in full force and effect. |
(d) This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, each party hereto has caused this Amendment to be executed by its duly authorized officer as of the date and year first above written.
|
By: /s/ Xxxxxxxxx Xxxxx-Xxxxxx President |
GEMINI FUND SERVICES, LLC
By: /s/ Xxxxx Xxxx Executive Vice President |
| 2 |
APPENDIX IV-1
LIST OF FUNDS
SERVICES & FEES
This Appendix IV-1 is part of the Fund Services Agreement (the “Agreement”), dated January 1, 2018, as amended, between Advisors Preferred Trust (the “Trust”) and Gemini Fund Services, LLC (“GFS”). Set forth below are the Services elected by the Fund(s) identified on this Appendix IV-1 along with the associated Fees. Capitalized terms used herein that are not otherwise defined shall have meanings ascribed to them in the Agreement.
COVERED FUNDS
The Funds to be covered under this Agreement (the “Funds”) include:
| Fund Name | Board Approval Date |
| OnTrack Core Fund | November 27, 2012 |
Funds with the same investment adviser and sub-adviser are collectively referred to as a “Fund Family.”
SELECTED SERVICES and FEES
FEE SCHEDULE OMITTED
Signature Page Follows
| Appendix IV-1 | Page 1 |
IN WITNESS WHEREOF, the parties hereto have executed this Appendix IV-1 to the Fund Services Agreement effective as of May 1, 2021.
ADVISORS PREFERRED TRUST GEMINI FUND SERVICES, LLC
GEMINI FUND SERVICES, LLC | ||
| By: /s/ | By: /s/ | |
| Xxxxxxxxx Xxxxx-Xxxxxx | Xxxxx Xxxx | |
| President | Executive Vice President |
The undersigned investment adviser (the “Adviser”) hereby acknowledges and agrees to the terms of the Agreement. The Adviser also agrees, as does Gemini Fund Services, LLC (“GFS”), to the following non- solicitation provision, for purposes of which the Adviser and GFS shall each be referred to as the “Company” and collectively as the “Companies”:
(1) the Companies expend substantial time and money, on an ongoing basis, to recruit and train their respective employees; (2) both Companies operate in a highly competitive marketplace and market their services throughout the United States, and (3) if either Company were to hire any employee of the other Company, the Company whose employee was so hired may suffer lost sales and other opportunities and would incur substantial expense in hiring and training replacement(s) for that employee. Accordingly, each Company agrees that it, including its respective affiliates and subsidiaries, shall not solicit, attempt to induce or otherwise hire an employee of the other Company for so long as this Agreement is in effect and for a period of two (2) years after termination of this Agreement, unless expressly agreed upon in writing by both Companies. In the event that this provision is breached by either Company, the breaching Company hereby agrees to pay damages to the non-breaching Company in the amount of two times the current annual salary of such employee or former employee. For purposes of this provision, “hire” means to employ as an employee or to engage as an independent contractor, whether on a full-time, part-time or temporary basis.
|
Advisors Preferred LLC 0000 Xxxxxxxx Xxxx., Xxxxx 000 Xxxxxxxxx, XX 00000
By:/s/ Name: Xxxxxxxxx Xxxxx-Xxxxxx Title: Chief Executive Officer |
Gemini Fund Services, LLC 00 Xxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000
By: /s/ Name: Xxxxx Xxxx Title: Executive Vice President |
| Appendix IV-1 | Page 2 |
SHAREHOLDER DESKTOP WEB PACKAGE
Proprietary Secure Web-Based Direct Interface With Transfer Agent Data
Supports Five Levels of Access
Fund Administrator
Broker/Dealer
Broker/Dealer Branch
Registered Representative
Shareholder
Customizable Look And Feel (Logo And Color Scheme)
Account Inquiry
Portfolio Summary
Account Position
Transaction History
General Account Information
Online Transactions (Must have this reflected in the prospectus to offer this functionality)
Exchanges
Purchases
Redemptions
Prospectus and SAI Access
Account Maintenance
Change of Shareholder Information
| o | Address |
| o | Phone Number |
| o | Email Address |
Online Statement Access
Quarterly Statements and Confirms
Electronic Delivery (Should have this reflected in the prospectus and application to offer this functionality)
| o | Statements |
| o | Confirms |
| o | Regulatory Mailings |
| Appendix IV-1 | Page 3 |
SHAREHOLDER DESKTOP ONLINE NEW ACCOUNTS
Allows clients the ability to set up a new account online if they provide valid ACH information and agree to all disclaimers and
agreements on site.
E-Signature capability
FUND DATA WEB PACKAGE
Performance Web Page
| · | Comprehensive performance report hosted by GFS |
| o | Fund performance updated nightly |
| o | Up to 20 indexes available |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
| o | Growth of $10,000 graph available |
Holdings web page
| · | Fund holding updated periodically to meet fund disclosure rules hosted by GFS |
| o | Fund holding updated periodically to meet fund disclosure rules |
| o | Top ten report available |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
Historical NAV web page
| · | Provides historical NAV information for a specified period of time and for a specified fund |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
Fulfillment web page
| · | Provides an online request form for shareholders who wish to request a hard copy of the fulfillment material mailed to them |
| o | Request is automatically routed online to the Shareholder Services Team at GFS for processing |
| o | Reporting of Fulfillment requests made online or via phone available via GFS Reporting Services Tool. |
GFS reporting utilizes the next generation secure web-based report delivery vehicle which allows for direct request or subscription based delivery reports available in multiple formats (PDF, Excel, XML, CSV)
| Appendix IV-1 | Page 4 |
APPENDIX IV-2
LIST OF FUNDS
SERVICES & FEES
This Appendix IV-2 is part of the Fund Services Agreement (the “Agreement”), dated January 1, 2018, as amended, between Advisors Preferred Trust (the “Trust”) and Gemini Fund Services, LLC (“GFS”). Set forth below are the Services elected by the Fund(s) identified on this Appendix IV-2 along with the associated Fees. Capitalized terms used herein that are not otherwise defined shall have meanings ascribed to them in the Agreement.
COVERED FUNDS
The Funds to be covered under this Agreement (the “Funds”) include:
| Fund Name | Board Approval Date | |
| The Gold Bullion Strategy Fund | April 9, 2013 | |
| The Gold Bullion Strategy Portfolio | April 9, 2013 | |
| Quantified Managed Income Fund | August 1, 2013 | |
| Quantified All-Cap Equity Fund | August 1, 2013 | |
| Quantified Market Leaders Fund | August 1, 2013 | |
| Quantified Alternative Investment Fund | August 1, 2013 | |
| Quantified STF Fund | August 18, 2015 | |
| Quantified Evolution Plus Fund | August 1, 2019 | |
| Quantified Tactical Fixed Income Fund | August 1, 2019 | |
| Quantified Common Ground Fund | August 1, 2019 | |
| Quantified Pattern Recognition Fund | August 1, 2019 | |
| Quantified Rising Dividend Tactical Fund | February 23, 2021 | |
| Quantified Tactical Sectors Fund | February 23, 2021 | |
| Quantified Government Income Tactical Fund | February 23, 2021 |
Funds with the same investment adviser and sub-adviser are collectively referred to as a “Fund Family.”
SELECTED SERVICES and FEES
FEE SCHEDULES OMITTED
Signature Page Follows
| Appendix IV-2 | Page 1 |
IN WITNESS WHEREOF, the parties hereto have executed this Appendix IV-2 to the Fund Services Agreement effective as of May 1, 2021.
|
By: /s/ Xxxxxxxxx Xxxxx-Xxxxxx President |
GEMINI FUND SERVICES, LLC
By: /s/ Xxxxx Xxxx Executive Vice President |
The undersigned investment adviser (the “Adviser”) hereby acknowledges and agrees to the terms of the Agreement. The Adviser also agrees, as does Gemini Fund Services, LLC (“GFS”), to the following non- solicitation provision, for purposes of which the Adviser and GFS shall each be referred to as the “Company” and collectively as the “Companies”:
(1) the Companies expend substantial time and money, on an ongoing basis, to recruit and train their respective employees; (2) both Companies operate in a highly competitive marketplace and market their services throughout the United States, and (3) if either Company were to hire any employee of the other Company, the Company whose employee was so hired may suffer lost sales and other opportunities and would incur substantial expense in hiring and training replacement(s) for that employee. Accordingly, each Company agrees that it, including its respective affiliates and subsidiaries, shall not solicit, attempt to induce or otherwise hire an employee of the other Company for so long as this Agreement is in effect and for a period of two (2) years after termination of this Agreement, unless expressly agreed upon in writing by both Companies. In the event that this provision is breached by either Company, the breaching Company hereby agrees to pay damages to the non-breaching Company in the amount of two times the current annual salary of such employee or former employee. For purposes of this provision, “hire” means to employ as an employee or to engage as an independent contractor, whether on a full-time, part-time or temporary basis.
|
Advisors Preferred LLC 0000 Xxxxxxxx Xxxx., Xxxxx 000 Xxxxxxxxx, XX 00000
By: /s/ Xxxxxxxxx Xxxxx-Xxxxxx President |
Gemini Fund Services, LLC 00 Xxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000
By: /s/ Xxxxx Xxxx Executive Vice President |
| Appendix IV-2 | Page 2 |
SHAREHOLDER DESKTOP WEB PACKAGE
Proprietary Secure Web-Based Direct Interface With Transfer Agent Data
Supports Five Levels of Access
Fund Administrator
Broker/Dealer
Broker/Dealer Branch
Registered Representative
Shareholder
Customizable Look And Feel (Logo And Color Scheme)
Account Inquiry
Portfolio Summary
Account Position
Transaction History
General Account Information
Online Transactions (Must have this reflected in the prospectus to offer this functionality)
Exchanges
Purchases
Redemptions
Prospectus and SAI Access
Account Maintenance
Change of Shareholder Information
| o | Address |
| o | Phone Number |
| o | Email Address |
Online Statement Access
Quarterly Statements and Confirms
Electronic Delivery (Should have this reflected in the prospectus and application to offer this functionality)
| o | Statements |
| o | Confirms |
| o | Regulatory Mailings |
| Appendix IV-2 | Page 3 |
SHAREHOLDER DESKTOP ONLINE NEW ACCOUNTS
Allows clients the ability to set up a new account online if they provide valid ACH information and agree to all disclaimers and
agreements on site.
E-Signature capability
FUND DATA WEB PACKAGE
Performance Web Page
| · | Comprehensive performance report hosted by GFS |
| o | Fund performance updated nightly |
| o | Up to 20 indexes available |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
| o | Growth of $10,000 graph available |
Holdings web page
| · | Fund holding updated periodically to meet fund disclosure rules hosted by GFS |
| o | Fund holding updated periodically to meet fund disclosure rules |
| o | Top ten report available |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
Historical NAV web page
| · | Provides historical NAV information for a specified period of time and for a specified fund |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
Fulfillment web page
| · | Provides an online request form for shareholders who wish to request a hard copy of the fulfillment material mailed to them |
| o | Request is automatically routed online to the Shareholder Services Team at GFS for processing |
| o | Reporting of Fulfillment requests made online or via phone available via GFS Reporting Services Tool. |
GFS reporting utilizes the next generation secure web-based report delivery vehicle which allows for direct request or subscription based delivery reports available in multiple formats (PDF, Excel, XML, CSV)
| Appendix IV-2 | Page 4 |
APPENDIX IV-4
LIST OF FUNDS
SERVICES & FEES
This Appendix IV-4 is part of the Fund Services Agreement (the “Agreement”), dated January 1, 2018, as amended, between Advisors Preferred Trust (the “Trust”) and Gemini Fund Services, LLC (“GFS”). Set forth below are the Services elected by the Fund(s) identified on this Appendix IV-4 along with the associated Fees. Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Agreement.
COVERED FUNDS
The Funds to be covered under this Agreement include:
| Fund Name | Board Approval Date | |
| Spectrum Low Volatility Fund | October 29, 2013 | |
| Spectrum Advisors Preferred Fund | February 17, 2015 | |
| Hundredfold Select Alternative Fund | March 28, 2019 | |
| Spectrum Unconstrained Fund | February 23, 2021 |
The Funds listed above are hereafter collectively referred to as a “Fund Family.”
SELECTED SERVICES and FEES
FEE SCHEDULE OMITTED
Signature Page Follows
| Appendix IV-4 | Page 1 |
IN WITNESS WHEREOF, the parties hereto have executed this Appendix IV-4 to the Fund Services Agreement effective as of May 1, 2021.
ADVISORS PREFERRED TRUST GEMINI FUND SERVICES, LLC
|
By: /s/ Xxxxxxxxx Xxxxx-Xxxxxx President |
GEMINI FUND SERVICES, LLC
By: /s/ Xxxxx Xxxx Executive Vice President |
The undersigned investment adviser (the “Adviser”) hereby acknowledges and agrees to the terms of the Agreement. The Adviser also agrees, as does Gemini Fund Services, LLC (“GFS”), to the following non-solicitation provision, for purposes of which the Adviser and GFS shall each be referred to as the “Company” and collectively as the “Companies”:
(1) the Companies expend substantial time and money, on an ongoing basis, to recruit and train their respective employees; (2) both Companies operate in a highly competitive marketplace and market their services throughout the United States, and (3) if either Company were to hire any employee of the other Company, the Company whose employee was so hired may suffer lost sales and other opportunities and would incur substantial expense in hiring and training replacement(s) for that employee. Accordingly, each Company agrees that it, including its respective affiliates and subsidiaries, shall not solicit, attempt to induce or otherwise hire an employee of the other Company for so long as this Agreement is in effect and for a period of two (2) years after termination of this Agreement, unless expressly agreed upon in writing by both Companies. In the event that this provision is breached by either Company, the breaching Company hereby agrees to pay damages to the non-breaching Company in the amount of two times the current annual salary of such employee or former employee. For purposes of this provision, “hire” means to employ as an employee or to engage as an independent contractor, whether on a full-time, part-time or temporary basis.
|
Advisors Preferred LLC 0000 Xxxxxxxx Xxxx., Xxxxx 000 Xxxxxxxxx, XX 00000
By:/s/ Name: Xxxxxxxxx Xxxxx-Xxxxxx Title: Chief Executive Officer |
Gemini Fund Services, LLC 00 Xxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000
By: /s/ Name: Xxxxx Xxxx Title: Executive Vice President |
| Appendix IV-4 | Page 2 |
SHAREHOLDER DESKTOP WEB PACKAGE
Proprietary Secure Web-Based Direct Interface With Transfer Agent Data
Supports Five Levels of Access
Fund Administrator
Broker/Dealer
Broker/Dealer Branch
Registered Representative
Shareholder
Customizable Look And Feel (Logo And Color Scheme)
Account Inquiry
Portfolio Summary
Account Position
Transaction History
General Account Information
Online Transactions (Must have this reflected in the prospectus to offer this functionality)
Exchanges
Purchases
Redemptions
Prospectus and SAI Access
Account Maintenance
Change of Shareholder Information
| o | Address |
| o | Phone Number |
| o | Email Address |
Online Statement Access
Quarterly Statements and Confirms
Electronic Delivery (Should have this reflected in the prospectus and application to offer this functionality)
| o | Statements |
| o | Confirms |
| o | Regulatory Mailings |
| Appendix IV-4 | Page 3 |
SHAREHOLDER DESKTOP ONLINE NEW ACCOUNTS
Allows clients the ability to set up a new account online if they provide valid ACH information and agree to all disclaimers and
agreements on site.
E-Signature capability
FUND DATA WEB PACKAGE
Performance Web Page
| · | Comprehensive performance report hosted by GFS |
| o | Fund performance updated nightly |
| o | Up to 20 indexes available |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
| o | Growth of $10,000 graph available |
Holdings web page
| · | Fund holding updated periodically to meet fund disclosure rules hosted by GFS |
| o | Fund holding updated periodically to meet fund disclosure rules |
| o | Top ten report available |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
Historical NAV web page
| · | Provides historical NAV information for a specified period of time and for a specified fund |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
Fulfillment web page
| · | Provides an online request form for shareholders who wish to request a hard copy of the fulfillment material mailed to them |
| o | Request is automatically routed online to the Shareholder Services Team at GFS for processing |
| o | Reporting of Fulfillment requests made online or via phone available via GFS Reporting Services Tool. |
GFS reporting utilizes the next generation secure web-based report delivery vehicle which allows for direct request or subscription based delivery reports available in multiple formats (PDF, Excel, XML, CSV)
| Appendix IV-4 | Page 4 |
APPENDIX IV-5
LIST OF FUNDS
SERVICES & FEES
This Appendix IV-5 is part of the Fund Services Agreement (the “Agreement”), dated January 1, 2018, as amended, between Advisors Preferred Trust (the “Trust”) and Gemini Fund Services, LLC (“GFS”). Set forth below are the Services elected by the Fund(s) identified on this Appendix IV-5 along with the associated Fees. Capitalized terms used herein that are not otherwise defined shall have the same meanings ascribed to them in the Agreement.
COVERED FUNDS
The Fund(s) to be covered under this Agreement include:
| Fund(s) |
| Kensington Managed Income Fund |
| Kensington Dynamic Growth Fund |
The Fund(s) listed above shall collectively be referred to as a “Fund Family.”
SELECTED SERVICES and FEES
FEE SCHEDULE OMITTED
Signature Page Follows
| Appendix IV-5 | Page 1 |
IN WITNESS WHEREOF, the parties hereto have executed this Appendix IV-5 to the Fund Services Agreement effective as of May 1, 2021.
|
ADVISORS PREFERRED TRUST
By: /s/ Xxxxxxxxx Xxxxx-Xxxxxx President |
GEMINI FUND SERVICES, LLC
By: /s/ Xxxxx Xxxx Executive Vice President |
The undersigned investment adviser (the “Adviser”) hereby acknowledges and agrees to the terms of the Agreement. The Adviser also agrees, as does Gemini Fund Services, LLC (“GFS”), to the following non- solicitation provision, for purposes of which the Adviser and GFS shall each be referred to as the “Company” and collectively as the “Companies”:
(1) the Companies expend substantial time and money, on an ongoing basis, to recruit and train their respective employees; (2) both Companies operate in a highly competitive marketplace and market their services throughout the United States, and (3) if either Company were to hire any employee of the other Company, the Company whose employee was so hired may suffer lost sales and other opportunities and would incur substantial time and money in hiring and training replacement(s) for that employee. Accordingly, each Company agrees that it, including its respective affiliates and subsidiaries, shall not solicit, attempt to induce or otherwise hire an employee of the other Company for so long as this Agreement is in effect and for a period of two (2) years after termination of this Agreement, unless expressly agreed upon in writing by both Companies. In the event that this provision is breached by either Company, the breaching Company hereby agrees to pay damages to the non-breaching Company in the amount of two times the current annual salary of such employee or former employee. For purposes of this provision, “hire” means to employ as an employee or to engage as an independent contractor, whether on a full-time, part-time or temporary basis.
|
Advisors Preferred LLC 0000 Xxxxxxxx Xxxx., Xxxxx 000 Xxxxxxxxx, XX 00000
By:/s/ Name: Xxxxxxxxx Xxxxx-Xxxxxx Title: Chief Executive Officer |
Gemini Fund Services, LLC 00 Xxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000
By: /s/ Name: Xxxxx Xxxx Title: Executive Vice President |
| Appendix IV-5 | Page 2 |
SHAREHOLDER DESKTOP WEB PACKAGE
Proprietary Secure Web-Based Direct Interface With Transfer Agent Data
Supports Five Levels of Access
Fund Administrator
Broker/Dealer
Broker/Dealer Branch
Registered Representative
Shareholder
Customizable Look And Feel (Logo And Color Scheme)
Account Inquiry
Portfolio Summary
Account Position
Transaction History
General Account Information
Online Transactions (Must have this reflected in the prospectus to offer this functionality)
Exchanges
Purchases
Redemptions
Prospectus and SAI Access
Account Maintenance
Change of Shareholder Information
| o | Address |
| o | Phone Number |
| o | Email Address |
Online Statement Access
Quarterly Statements and Confirms
Electronic Delivery (Should have this reflected in the prospectus and application to offer this functionality)
| o | Statements |
o Confirms
o Regulatory Mailings
SHAREHOLDER DESKTOP ONLINE NEW ACCOUNTS
Allows clients the ability to set up a new account online if they provide valid ACH information and agree to all disclaimers and
agreements on site.
E-Signature capability
| Appendix IV-5 | Page 3 |
FUND DATA WEB PACKAGE
Performance Web Page
| · | Comprehensive performance report hosted by GFS |
| o | Fund performance updated nightly |
| o | Up to 20 indexes available |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
| o | Growth of $10,000 graph available |
Holdings web page
| · | Fund holding updated periodically to meet fund disclosure rules hosted by GFS |
| o | Fund holding updated periodically to meet fund disclosure rules |
| o | Top ten report available |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
Historical NAV web page
| · | Provides historical NAV information for a specified period of time and for a specified fund |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
Fulfillment web page
| · | Provides an online request form for shareholders who wish to request a hard copy of the fulfillment material mailed to them |
| o | Request is automatically routed online to the Shareholder Services Team at GFS for processing |
| o | Reporting of Fulfillment requests made online or via phone available via GFS Reporting Services Tool. |
GFS reporting utilizes the next generation secure web-based report delivery vehicle which allows for direct request or subscription based delivery reports available in multiple formats (PDF, Excel, XML, CSV)
| Appendix IV-5 | Page 4 |
APPENDIX IV-6
LIST OF FUNDS
SERVICES & FEES
This Appendix IV-6 is part of the Fund Services Agreement (the “Agreement”), dated January 1, 2018, as amended, between Advisors Preferred Trust (the “Trust”) and Gemini Fund Services, LLC (“GFS”). Set forth below are the Services elected by the Fund(s) identified on this Appendix IV-6 along with the associated Fees. Capitalized terms used herein that are not otherwise defined shall have the same meanings ascribed to them in the Agreement.
COVERED FUNDS
The Fund(s) to be covered under this Agreement include:
| Fund(s) |
| BCM Decathlon Conservative Fund |
| BCM Decathlon Moderate Fund |
| BCM Decathlon Growth Fund |
The Fund(s) listed above shall collectively be referred to as a “Fund Family.”
SELECTED SERVICES and FEES
FEE SCHEDULE OMITTED
Signature Page Follows
| Appendix IV-6 | Page 1 |
IN WITNESS WHEREOF, the parties hereto have executed this Appendix IV-6 to the Fund Services Agreement effective as of May 1, 2021.
|
ADVISORS PREFERRED TRUST
By: /s/ Xxxxxxxxx Xxxxx-Xxxxxx President |
GEMINI FUND SERVICES, LLC
By: /s/ Xxxxx Xxxx Executive Vice President |
The undersigned investment adviser (the “Adviser”) hereby acknowledges and agrees to the terms of the Agreement. The Adviser also agrees, as does Gemini Fund Services, LLC (“GFS”), to the following non- solicitation provision, for purposes of which the Adviser and GFS shall each be referred to as the “Company” and collectively as the “Companies”:
(1) the Companies expend substantial time and money, on an ongoing basis, to recruit and train their respective employees; (2) both Companies operate in a highly competitive marketplace and market their services throughout the United States, and (3) if either Company were to hire any employee of the other Company, the Company whose employee was so hired may suffer lost sales and other opportunities and would incur substantial time and money in hiring and training replacement(s) for that employee. Accordingly, each Company agrees that it, including its respective affiliates and subsidiaries, shall not solicit, attempt to induce or otherwise hire an employee of the other Company for so long as this Agreement is in effect and for a period of two (2) years after termination of this Agreement, unless expressly agreed upon in writing by both Companies. In the event that this provision is breached by either Company, the breaching Company hereby agrees to pay damages to the non-breaching Company in the amount of two times the current annual salary of such employee or former employee. For purposes of this provision, “hire” means to employ as an employee or to engage as an independent contractor, whether on a full-time, part-time or temporary basis.
|
Advisors Preferred LLC 0000 Xxxxxxxx Xxxx., Xxxxx 000 Xxxxxxxxx, XX 00000
By:/s/ Name: Xxxxxxxxx Xxxxx-Xxxxxx Title: Chief Executive Officer |
Gemini Fund Services, LLC 00 Xxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000
By: /s/ Name: Xxxxx Xxxx Title: Executive Vice President |
| Appendix IV-6 | Page 2 |
SHAREHOLDER DESKTOP WEB PACKAGE
Proprietary Secure Web-Based Direct Interface With Transfer Agent Data
Supports Five Levels of Access
Fund Administrator
Broker/Dealer
Broker/Dealer Branch
Registered Representative
Shareholder
Customizable Look And Feel (Logo And Color Scheme)
Account Inquiry
Portfolio Summary
Account Position
Transaction History
General Account Information
Online Transactions (Must have this reflected in the prospectus to offer this functionality)
Exchanges
Purchases
Redemptions
Prospectus and SAI Access
Account Maintenance
Change of Shareholder Information
| o | Address |
| o | Phone Number |
| o | Email Address |
Online Statement Access
Quarterly Statements and Confirms
Electronic Delivery (Should have this reflected in the prospectus and application to offer this functionality)
| o | Statements |
o Confirms
o Regulatory Mailings
SHAREHOLDER DESKTOP ONLINE NEW ACCOUNTS
Allows clients the ability to set up a new account online if they provide valid ACH information and agree to all disclaimers and
agreements on site.
E-Signature capability
| Appendix IV-6 | Page 3 |
FUND DATA WEB PACKAGE
Performance Web Page
| · | Comprehensive performance report hosted by GFS |
| o | Fund performance updated nightly |
| o | Up to 20 indexes available |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
| o | Growth of $10,000 graph available |
Holdings web page
| · | Fund holding updated periodically to meet fund disclosure rules hosted by GFS |
| o | Fund holding updated periodically to meet fund disclosure rules |
| o | Top ten report available |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
Historical NAV web page
| · | Provides historical NAV information for a specified period of time and for a specified fund |
| o | Data provided in simple format to be encapsulated into Fund’s own website to provide a custom look and feel |
Fulfillment web page
| · | Provides an online request form for shareholders who wish to request a hard copy of the fulfillment material mailed to them |
| o | Request is automatically routed online to the Shareholder Services Team at GFS for processing |
| o | Reporting of Fulfillment requests made online or via phone available via GFS Reporting Services Tool. |
GFS reporting utilizes the next generation secure web-based report delivery vehicle which allows for direct request or subscription based delivery reports available in multiple formats (PDF, Excel, XML, CSV)
| Appendix IV-6 | Page 4 |
