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

EX-23(h)(9)

Nationwide Fund Distributors LLC
0000 Xxxxx Xxxx, Xxxxx 0000
Xxxxxxxxxxxx, Xxxxxxxxxxxx 19428

March 27, 2008

Nationwide Variable Insurance Trust
0000 Xxxxx Xxxx, Xxxxx 000
Xxxxxxxxxxxx, Xxxxxxxxxxxx 19428

     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 each of the NVIT Cardinal Aggressive Fund, NVIT Cardinal Moderately Aggressive Fund, NVIT Cardinal Capital Appreciation Fund, NVIT Cardinal Moderate Fund, NVIT Cardinal Balanced Fund, NVIT Cardinal Moderately Conservative Fund and NVIT Cardinal Conservative Fund (collectively, the “Cardinal Funds”), which are series of Nationwide Variable Insurance Trust, the Distributor shall waive a portion of the Rule 12b-1 fees for the Class II Shares of the Cardinal Funds in an amount equal to 0.16%, for the period from the date of this Agreement through May 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.

	Nationwide Fund Distributors LLC
	By:	/s/ Xxx X. Xxxxxxxx
		Name:	Xxx 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: March 27, 2008