Common use of Use of Names; Publicity Clause in Contracts

Use of Names; Publicity. The Funds shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds hereunder, in a manner not approved by the Managing Owner in writing prior to such use, provided that in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing Owner. None of the Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Tidal ETF Trust” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund names [insert Trust name] in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of name, trademarks, service marks or any Fund or the name other intellectual property of the Managing Owner, Trust or any trade or service xxxx owned by or licensed to its affiliated persons (as defined in the Managing Owner or any Fund 0000 Xxx) in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderhereunder and under any Distribution Consulting and Marketing Services Agreement among the Sponsor, the Trust and the Distibutor, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund the Trust or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Sponsor in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds hereunder, in a manner not approved by the Managing Owner Sponsor in writing prior to such use, provided that in no case shall such approval be unreasonably withheld. The Managing Owner Sponsor and each Fund the Trust hereby consent to all uses of its name their names required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority. The Distributor will not issue any press releases or make any public announcements regarding Sponsor and the existence of this Agreement without Trust also hereby consent to the express prior written consent inclusion of the Managing OwnerSponsor’s and/or Trust’s names on the Distributor’s website noting such parties as clients of the Distributor. None of the Managing OwnerSponsor, the Funds Trust or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund the Trust or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Sponsor in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds hereunder, in a manner not approved by the Managing Owner Sponsor in writing prior to such use, provided that in no case shall such approval be unreasonably withheld. The Managing Owner Sponsor and each Fund the Trust hereby consent to all uses of its name their names required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority. The Distributor will not issue any press releases or make any public announcements regarding Sponsor and the existence of this Agreement without Trust also hereby consent to the express prior written consent inclusion of the Managing OwnerSponsor’s and/or Trust’s names on the Distributor’s website noting such parties as clients of the Distributor. None of the Managing OwnerSponsor, the Funds Trust or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds shall not use the Distributor’s 's name, or any trade or service xxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds hereunder, in a manner not approved by the Managing Owner in writing prior to such use, provided that in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing Owner. None of the Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderTrust, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name “ETF Opportunities Trust” or the names of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Funds listed on Exhibit A in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “WisdomTree” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by lawlaw and to the Trust’s Investment Adviser, professional advisers and Board of Trustees.

Use of Names; Publicity. The Funds shall not use the Distributor’s name, or any trade or service xxxx mxxx owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund the Trust or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Sponsor in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds hereunder, in a manner not approved by the Managing Owner Sponsor in writing prior to such use, provided that in no case shall such approval be unreasonably withheld. The Managing Owner Sponsor and each Fund the Trust hereby consent to all uses of its name their names required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority. The Distributor will not issue any press releases or make any public announcements regarding Sponsor and the existence of this Agreement without Trust also hereby consent to the express prior written consent inclusion of the Managing OwnerSponsor’s and/or Trust’s names on the Distributor’s website noting such parties as clients of the Distributor. None of the Managing OwnerSponsor, the Funds Trust or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund names “NETS” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Northern” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund names “FocusShares” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderTrust, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCFINRA, any state securities commission, or any federal or state regulatory authorityauthority or self-regulatory organization. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, Trust or any trade or service xxxx owned by or licensed to the Managing Owner or any ETF Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund names “FlexShares” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of the Trust or any Fund or the name of the Managing Owner, Funds or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Investment Advisers in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld, delayed or conditioned. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund “TrimTabs” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “TrimTabs ETF Trust” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund the Trust hereby consent consents to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall any additional approval required be unreasonably withheld, delayed or conditioned. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Old Mutual” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Horizons ETF Trust in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderTrust, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund names “Xxxxxxxx International Funds”, “Xxxxxxxx Asia Funds” or the name of the Managing Owner“Xxxxxxxx International Capital Management, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund LLC” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderTrust, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing OwnerTrust, a Fund, or any trade or service xxxx owned by or licensed investment adviser to the Managing Owner or any a Fund in any offering material, shareholder report, advertisement or other material materials relating to the Distributor, whether produced for marketing, regulatory compliance or other than for the purpose of merely identifying and describing the functions of the Funds hereunderpurposes, in a manner not approved by the Managing Owner referenced party in writing prior to such use, provided that in no case shall such approval not to be unreasonably withheld. The Managing Owner Trust, on behalf of itself and each Fund Fund, hereby consent approves of and consents to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authorityauthority with jurisdiction over the Trust; provided, however, that the Distributor notifies the Trust prior to such use to the extent permitted by applicable law. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund “Harbor ETF Trust” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Harbor” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderTrust, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund “Roundhill ETF Trust” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Roundhill” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund “Vert Asset Management LLC” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Vert Global Sustainable Real Estate ETF” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Fund as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Xxxxxx” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or “Pointbreak”, “Pointbreak ETF Trust” and the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Pointbreak Funds listed on Exhibit A in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Source ETF Trust in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund names ”FlexShares” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, ’ s name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of “Absolute Shares Trust,” “WBI Investments Inc.,” or “Millington Securities, Inc.” and any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund derivatives thereof in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Tidal ETF Trust II” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderTrust, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund “Bitwise Funds Trust” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Bitwise” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, 's name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund "O'Shares" in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderTrust, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Active Weighting Funds ETF Trust” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “VegTech” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of “Absolute Shares Trust,” “WBI Investments, Inc.,” or “Millington Securities, Inc.” and any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund derivatives thereof in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, 's name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund names [insert Trust name] in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided Exhibit (e)(1) however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. AdvisorShares is a registered trademark of AdvisorShares Investments, LLC. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “AdvisorShares” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund names “U.S. One” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “One Fund” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderTrust, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund “Active Weighting Funds ETF Trust” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Active Weighting Advisors LLC” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any “Xxxx Xxxxxxx or Xxxx Xxxxxxx Exchange-Traded Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Trust” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing Owner. None of the Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by lawTrust.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “__________” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld, delayed or conditioned. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state or territory securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund “Forum ETF Trust” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Investment Adviser in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds hereunderTrust hereunder and of the Investment Adviser with respect to the Trust, in a manner not approved by the Managing Owner Trust, in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name and the Investment Advisers names required by FINRA, the SEC, the CFTC or any state or territorial securities commission, or any federal or state regulatory authority, such consent to not be unreasonably withheld, delayed or conditioned. Notwithstanding the preceding sentence, the Distributor may us the name of any Investment Adviser in accordance with any agreement between the Investment Adviser and the Distributor. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement or the arrangements contemplated hereunder without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this AgreementAgreement to any third persons, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “AdvisorShares” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the DistributorBank’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of Bank hereunder, in a manner not approved by Bank in writing prior to such use; provided, however, that Bank shall consent to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Bank shall not use the names “NETS” or “Northern” in any offering material, shareholder report, advertisement or other material relating to the Bank, other than for the purpose of merely identifying and describing the functions of the Distributor Trust hereunder, in a manner not approved by the Distributor Trust in writing prior to such use; provided, such approval not to be unreasonably withheld. The Distributor hereby consents however, that the Trust shall consent to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner; and provided, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund in any offering materialfurther, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds hereunder, in a manner not approved by the Managing Owner in writing prior to such use, provided that in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority. The Distributor Bank will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, Trust nor the Funds or the Distributor Bank will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “BondBloxx” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, 's name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund "Xxxxx Fundamental ETF Trust" in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the Funds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderTrust, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “Professionally Managed Portfolios” and “Congress” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Trust as a client of the Funds Distributor hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund “Javelin” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “JETS” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be not unreasonably withheld. The Managing Owner and each Fund hereby withhold consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority. The Distributor will not issue any press releases or make any public announcements regarding Neither the existence of this Agreement without the express prior written consent of the Managing Owner. None of the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law. Notwithstanding the foregoing, the Trust hereby consents to the placement of an announcement on Distributor’s website stating that the Trust is a new client of Distributor’s for ETF services.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Victory Portfolios II in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund NEXT ETFs Trust in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the DistributorService Provider’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor Service Provider hereunder, in a manner not approved by the Distributor Service Provider in writing prior to such use, such approval not to be unreasonably withheld. The Distributor Service Provider hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates Service Provider shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “SolidX” in any offering material, shareholder report, advertisement or other material relating to the DistributorService Provider, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that the Trust shall consent to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority. The Distributor Service Provider will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, Trust nor the Funds or the Distributor Service Provider will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any “Jxxx Hxxxxxx or Jxxx Hxxxxxx Exchange-Traded Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Trust” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing Owner. None of the Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by lawTrust.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund names [ETC or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund Exchange Traded Concepts,] in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the Trust’s name of any and “NextSharesTM”, “Xxxxx Xxxxx” “Navigate Fund Solutions” or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Exchange-Traded Managed Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by lawlaw and to the Trust’s Investment Adviser, and Board of Trustees.

Use of Names; Publicity. The Funds Trust shall not use the Distributor’s name, or any trade or service xxxx owned by or licensed to the Distributor, name in any offering material, shareholder report, advertisement or other material relating to the FundsTrust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the SEC, the CFTCCommission, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the name of any Fund or the name of the Managing Owner, or any trade or service xxxx owned by or licensed to the Managing Owner or any Fund “ARK ETF Trust” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Funds Trust hereunder, in a manner not approved by the Managing Owner Trust in writing prior to such use; provided, provided however, that in no case the Trust shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRAthe Commission, the SEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the Managing OwnerTrust. None of Neither the Managing Owner, the Funds or Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.