Exhibit (e)(1)(i)
AMENDMENT TO
DISTRIBUTION AGREEMENT
This Amendment is made as of July 26, 2001 between AMERICAN PERFORMANCE
FUNDS (the "Trust"), an open-end investment management company registered under
the Investment Company Act of 1940, and BISYS FUND SERVICES LIMITED PARTNERSHIP,
formerly known as The Winsbury Company Limited Partnership, an Ohio limited
partnership ("Distributor"), 0000 Xxxxxxx Xxxx, Xxxxxxxx, Xxxx 00000. The
parties hereby amend the Distribution Agreement (the "Agreement") between the
Trust and Distributor, dated as of October 1, 1993, as set forth below.
WHEREAS, Distributor, in its capacity as distributor for the Trust may
collect, retain or have access to nonpublic personal financial information
relating to consumers or customers of the Trust (as those terms are defined
under Public Law 106-102, titled the Xxxxx-Xxxxx-Xxxxxx Act) to perform services
for, or functions on behalf of the Trust; and
WHEREAS, the Trust and Distributor desire to protect the
confidentiality and security of nonpublic personal financial information
relating to present or former shareholders of the Trust.
NOW THEREFORE, in consideration of the mutual premises and covenants
herein set forth, the parties agree as follows:
1. CONFIDENTIALITY OF INFORMATION. Nonpublic personal financial
information relating to consumers or customers of the Trust provided by, or at
the direction of the Trust to Distributor, or collected or retained by
Distributor to perform its duties as distributor shall be considered
confidential information. Distributor shall not disclose or otherwise use
nonpublic personal financial information relating to present or former
shareholders of the Trust other than for the purposes for which that information
was disclosed to Distributor, including use under an exception in sections
248.14 or 248.15 of Securities and Exchange Commission Regulation S-P in the
ordinary course of business to carry out those purposes or at the direction of
the Trust.
2. PROCEDURAL SAFEGUARDS. Distributor shall maintain physical,
electronic and procedural safeguards reasonably designed to protect the
security, confidentiality and integrity of, and to prevent unauthorized access
to or use of records and information relating to consumers and customers of the
Trust
3. TRUST PRIVACY POLICY. The Trust represents to Distributor that it
has adopted a statement of its privacy policies and practices as required by
Securities and Exchange Commission Regulation S-P and agrees to provide
Distributor with a copy of that statement annually.
4. GOVERNING LAW. This Agreement shall be governed by, and provisions
shall be construed in accordance with, the laws of the State of Ohio.
5. EFFECTIVE DATE. The effective date of this amendment shall be July
26, 2001.
6. MISCELLANEOUS This Amendment may be executed in one or more
counterparts, each of which will be deemed an original, but all of which
together shall constitute one and the same instrument. Except as specifically
set forth herein, all other provisions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
fully executed as of the day and year first written above.
AMERICAN PERFORMANCE FUNDS
By: /s/ Xxxxxxx X. Xxxxxx
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Title: Vice President
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BISYS FUND SERVICES LIMITED PARTNERSHIP
By: /s/ Xxxxxxx X. Xxxxx
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Title: President
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