0001193125-10-160287 Sample Contracts

JEFFERIES S&P 500 VIX SHORT-TERM FUTURES INDEX ETF MARKETING AGENT AGREEMENT
Marketing Agent Agreement • July 16th, 2010 • Jefferies S&P 500 VIX Short-Term Futures ETF • Investors, nec • Colorado

MARKETING AGENT AGREEMENT (the “Agreement”) made as of , 2010 (the “Effective Date”), by and among Jefferies S&P 500 VIX Short-Term Futures ETF (the “Trust”), a Delaware statutory trust, Jefferies Commodity Investment Services, LLC (the “Sponsor”), a Delaware limited liability company, and ALPS Distributors, Inc. (the “Marketing Agent” or “ADI”), a Colorado corporation. Capitalized terms used but not defined in this Agreement shall have the meaning ascribed thereto in the Trust’s Prospectus included its Registration Statement on Form S-1 (Registration No. 333-166283), as it may be amended from time to time.

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