The Name. For only such time as the Adviser acts as the investment adviser to the Funds pursuant to this Agreement (which for the avoidance of doubt includes the up-to-three (3) month period granted to the Trust to change the name of any Fund as provided in Section 8(b) below), the Adviser grants to the Trust a non-exclusive, non-transferable, domestic sublicense to use the names “Roundhill” and “Roundhill Financial” (collectively, the “Name”) as part of the name of any Fund. The foregoing authorization by the Adviser to the Trust to use the Name as part of the name of any Fund is not exclusive of the right of the Adviser itself to use, or to authorize others to use, the Name; the Trust acknowledges and agrees that, as between the Trust and the Adviser, the Adviser has the right to use, or authorize others to use, the Name. The Trust shall (1) only use the Name in a manner consistent with uses approved by the Adviser; (2) use its best efforts to maintain the quality of the services offered using the Name; and (3) adhere to such other specific quality control standards as the Adviser may from time to time promulgate. At the request of the Adviser, the Trust will (a) submit to Adviser representative samples of any promotional materials using the Name; and (b) change the name of any Fund within three months of its receipt of the Adviser’s request, or such other shorter time period as may be required under the terms of a settlement agreement or court order, so as to eliminate all reference to the Name and will not thereafter transact any business using the Name in the name of any Fund; provided, however, that the Trust may continue to use beyond such date any supplies of prospectuses, marketing materials and similar documents that the Trust had on the date of such name change in quantities not exceeding those historically produced and used in connection with such Fund.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Roundhill ETF Trust), Investment Advisory Agreement (Listed Funds Trust)
The Name. For only such time as the Adviser acts as the investment adviser to the Funds pursuant to this Agreement (which for the avoidance of doubt includes the up“iSectors”. The Sub-to-three (3) month period granted to the Trust to change the name of any Fund as provided in Section 8(b) below), the Adviser grants to the Trust a non-exclusive, non-transferable, domestic sublicense to use the names name “Roundhill” and “Roundhill FinancialiSectors” (collectively, the “Name”) as part of the name of any Fund. The foregoing authorization by the Sub-Adviser to the Trust to use the Name as part of the name of any Fund is not exclusive of the right of the Sub-Adviser itself to use, or to authorize others to use, the Name; the Trust acknowledges and agrees that, as between the Trust and the AdviserSubAdviser, the Sub-Adviser has the right to use, or authorize others to use, the Name. The Trust shall (1) only use the Name in a manner consistent with uses approved by the Sub-Adviser; (2) use its best efforts to maintain the quality of the services offered using the Name; and (3) adhere to such other specific quality control standards as the Sub-Adviser may from time to time promulgate. At the request of the Sub-Adviser, the Trust will (a) submit to Sub-Adviser representative samples of any promotional materials using the Name; and (b) change the name of any Fund within three months of its receipt of the Sub-Adviser’s request, or such other shorter time period as may be required under the terms of a settlement agreement or court order, so as to eliminate all reference to the Name and will not thereafter transact any business using the Name in the name of any Fund; provided, however, that the Trust may continue to use beyond such date any supplies of prospectuses, marketing materials and similar documents that the Trust had on the date of such name change in quantities not exceeding those historically produced and used in connection with such Fund.
Appears in 2 contracts
Sources: Investment Sub Advisory Agreement (ETFis Series Trust I), Investment Sub Advisory Agreement (ETFis Series Trust I)