Nationwide Fund Distributors LLC 1200 River Road, Suite 1000 Conshohocken, Pennsylvania 19428

EX-23.h.12

Nationwide Fund Distributors LLC
0000 Xxxxx Xxxx, Xxxxx 0000
Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000

August 1, 2008

Nationwide Variable Insurance Trust
0000 Xxxxx Xxxx, Xxxxx 0000
Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000

     Re:      12b-1 Fee Waiver

Ladies and Gentlemen:

     By our execution of this letter agreement (the “Agreement”), intending to be legally bound hereby, Nationwide Fund Distributors LLC (the “Distributor”) agrees that, with respect to the Xxxxxxxxx Xxxxxx NVIT Socially Responsible Fund (the “Fund”), a series of Nationwide Variable Insurance Trust, the Distributor shall waive a portion of the Rule 12b-1 fee for the Class II Shares of the Fund in an amount equal to 0.16% for the period from the date of this Agreement through August 1, 2009. The Distributor acknowledges that it shall not be entitled to collect on, or make a claim for, waived fees at any time in the future. This Agreement supersedes a previous 12b-1 Fee Waiver Agreement in respect of the Fund, dated March 24, 2008.

Nationwide Fund Distributors LLC

By: /s/ Xxxxxxxx X. XxXxxxxx

Name: Xxxxxxxx X. XxXxxxxx

Title: Senior Vice President

Your signature below acknowledges acceptance of this Agreement:

Nationwide Variable Insurance Trust

By: /s/ Xxxxx X. Xxxxx
Name: Xxxxx X. Xxxxx
Title: Assistant Secretary
Date: August 1, 2008