Common use of PROSPECTUS, MARKETING MATERIALS AND REPRESENTATIONS Clause in Contracts

PROSPECTUS, MARKETING MATERIALS AND REPRESENTATIONS. The Distributor will provide, or cause to be provided, to the Participant copies of the then current Prospectus and any printed supplemental information in reasonable quantities upon request. The Participant shall, upon request of the Trustee, provide the Trustee with sufficient documentation and other evidence that the Participant is providing Prospectuses and, where applicable, product descriptions, to the purchasers of any Trust Shares. The Distributor represents, warrants and agrees that it will notify, or cause to be notified, the Participant when a revised, supplemented or amended Prospectus for any Trust Shares is available and deliver or otherwise make available to the Participant copies of such revised, supplemented or amended Prospectus at such time and in such numbers as to enable the Participant to comply with any obligation it may have to deliver such Prospectus to customers. As a general matter, the Distributor will make such revised, supplemented or amended Prospectus available to the Participant in a reasonable time period. The Distributor shall be deemed to have complied with this Section when the Participant has received such revised, supplemented or amended Prospectus by email at [Email Address] or such other email address as Participant may advise Distributor of from time to time, in printable form, with such number of hard copies as may be agreed from time to time by the parties promptly thereafter. The Participant understands that the Trust will not be advertised or marketed as an open-end investment company, (i.e., as a mutual fund), which offers redeemable securities, and that any advertising materials will prominently disclose the fact that the Trust Shares are not redeemable shares of the Trust. In addition, the Participant understands that any advertising material that addresses redemptions of Trust Shares, including the Prospectus, will disclose that the owners of Trust Shares may acquire Trust Shares and tender Trust Shares for redemption to the Trust in whole Creation Units only.

PROSPECTUS, MARKETING MATERIALS AND REPRESENTATIONS. The Distributor will provide, or cause to be provided, to the Participant copies of the then current Prospectus and any printed supplemental information in reasonable quantities upon request. The Participant shall, upon request of the Trustee, provide the Trustee with sufficient documentation and other evidence that the Participant is providing Prospectuses and, where applicable, product descriptions, to the purchasers of any Trust PowerShares QQQ Shares. The Distributor represents, warrants and agrees that it will notify, or cause to be notified, the Participant when a revised, supplemented or amended Prospectus for any Trust PowerShares QQQ Shares is available and deliver or otherwise make available to the Participant copies of such revised, supplemented or amended Prospectus at such time and in such numbers as to enable the Participant to comply with any obligation it may have to deliver such Prospectus to customers. As a general matter, the Distributor will make such revised, supplemented or amended Prospectus available to the Participant in a reasonable time period. The Distributor shall be deemed to have complied with this Section when the Participant has received such revised, supplemented or amended Prospectus by email at [Email Address] or such other email address as Participant may advise Distributor of from time to time, in printable form, with such number of hard copies as may be agreed from time to time by the parties promptly thereafter. The Participant understands that the Trust will not be advertised or marketed as an open-end investment company, (i.e., as a mutual fund), which offers redeemable securities, and that any advertising materials will prominently disclose the fact that the Trust PowerShares QQQ Shares are not redeemable shares of the Trust. In addition, the Participant understands that any advertising material that addresses redemptions of Trust PowerShares QQQ Shares, including the Prospectus, will disclose that the owners of Trust PowerShares QQQ Shares may acquire Trust PowerShares QQQ Shares and tender Trust PowerShares QQQ Shares for redemption to the Trust in whole Creation Units only.

PROSPECTUS, MARKETING MATERIALS AND REPRESENTATIONS. The Distributor will provide, or cause to be provided, to the Participant copies of the then current Prospectus and any printed supplemental information in reasonable quantities upon request. The Participant shall, upon request of the Trustee, provide the Trustee with sufficient documentation and other evidence that the Participant is providing Prospectuses and, where applicable, product descriptions, to the purchasers of any Trust Invesco QQQ Shares. The Distributor represents, warrants and agrees that it will notify, or cause to be notified, the Participant when a revised, supplemented or amended Prospectus for any Trust Invesco QQQ Shares is available and deliver or otherwise make available to the Participant copies of such revised, supplemented or amended Prospectus at such time and in such numbers as to enable the Participant to comply with any obligation it may have to deliver such Prospectus to customers. As a general matter, the Distributor will make such revised, supplemented or amended Prospectus available to the Participant in a reasonable time period. The Distributor shall be deemed to have complied with this Section when the Participant has received such revised, supplemented or amended Prospectus by email at [Email Address] or such other email address as Participant may advise Distributor of from time to time, in printable form, with such number of hard copies as may be agreed from time to time by the parties promptly thereafter. The Participant understands that the Trust will not be advertised or marketed as an open-end investment company, (i.e., as a mutual fund), which offers redeemable securities, and that any advertising materials will prominently disclose the fact that the Trust Invesco QQQ Shares are not redeemable shares of the Trust. In addition, the Participant understands that any advertising material that addresses redemptions of Trust Invesco QQQ Shares, including the Prospectus, will disclose that the owners of Trust Invesco QQQ Shares may acquire Trust Invesco QQQ Shares and tender Trust Invesco QQQ Shares for redemption to the Trust in whole Creation Units only.