CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC AMENDMENT 3 TO ADMINISTRATIVE SERVICES AGREEMENT
EXHIBIT 10.4
*CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC
AMENDMENT 3 TO
ADMINISTRATIVE SERVICES AGREEMENT
THIS THIRD AMENDMENT TO THE ADMINISTRATIVE SERVICES AGREEMENT is entered into this 29th day of July, 2001, and effective as indicated herein, by and between TRANSAMERICA LIFE INSURANCE AND ANNUITY COMPANY, hereinafter referred to as “Transamerica,” a North Carolina corporation, and LEGACY MARKETING GROUP, hereinafter referred to as “LMG,” a California corporation.
WHEREAS, Transamerica and LMG entered into an Administrative Services Agreement, dated May 29, 1998, as amended, hereinafter referred to as the “Agreement,” wherein LMG agreed to provide certain Transamerica accounting and service functions in consideration of the fees as set forth in APPENDIX B of the Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and mutual promises hereinafter contained and other good and valuable consideration, the parties hereto do agree as follows:
1. | Add to APPENDIX A, Policy Forms, the following products effective as of the effective dates noted: |
PRODUCT NAME | POLICY NUMBERS/Effective Dates | |
SelectMark® 10 Special Edition Equity Index Strategy | * | |
SelectMark® 10 Special Edition with STS and Equity Index Strategy | * | |
SelectMark® 10 Special Edition with STS | * | |
SelectMark® 5 Secure (formerly known as the SelectMark® 5 50/50) | * | |
SelectMark® 7 Secure (formerly known as the SelectMark® 7 50/50) | * | |
SelectMark® 7 Special Edition Equity Index Strategy | * | |
PreferMark Platinum | * | |
PreferMark Gold | * | |
Beneficiary Rider Plus | * |
2. | Appendix B, “Processing Fees, Sub-Section 3(a) “Out-of-Pocket Expenses,” is hereby amended as follows: |
In addition to the fees set forth above, LMG will forward to Transamerica on a monthly basis a xxxx for the out of pocket expenses listed below. Transamerica will reimburse LMG with fifteen (15) days of receipt of such xxxx. If LMG does not receive reimbursement within fifteen (15) days, Transamerica will allow LMG to draw the following out of pocket expenses from the disbursement account. Out-of-pocket expenses are expenditures for the items such as those listed below |
and any other items agreed to in writing by the parties. Further, LMG will forward a check to Transamerica any fees due to Transamerica from LMG as a result of Agent renewal appointment fees which are due or have been collected from such Wholesalers and Producers: |
2. | Add to APPENDIX B, as follows: |
“1.2 Beneficiary Rider Plus |
a. Maintenance: * per month per inforce Rider.” |
3. | Appendix D, “Schedule of Authorized Personnel,” is hereby amended in its entirety to read as follows, effective as of the date this Amendment 3 is entered into: |
“Representing Transamerica
Authorized to Modify Agreement: *
Authorized to provide day to day direction of LMG employees for policies and items not specifically covered in this Agreement: * |
Representing Legacy Marketing Group
Xxxxx X. Xxxxx, Chief Executive Officer
R. Xxxxxxx Xxxxx, President
Xxxxx Xxxxxx, Chief Financial Officer
H. Xxxx Xxxxxxxx, Chief Information Officer
Xxxx Xxxxxxx, Vice President of Distribution
Xxxx Xxxxxx, Chief Operation Officer
Xxx Xxxx, Vice President of Product Implementation”
3. | All other provisions in the Agreement not specifically amended above remain in effect and unchanged. |
IN WITNESS HEREOF, the parties have hereto executed this Amendment 3.
LEGACY MARKETING GROUP | TRANSAMERICA LIFE INSURANCE AND ANNUITY COMPANY | |
By: /s/Xxx Xxxx Title: V.P. of Product Development Date: 8/2/01 |
By: /s/Ata Azarshahi Title: Vice President Date: 7/25/01 |