EXHIBIT 1O(K)(1)
AMENDMENT ONE TO
MARKETING AGREEMENT
THIS AMENDMENT TO THE MARKETING AGREEMENT, made and entered into this tenth day
of May, 2001, by and between XXXX XXXXXXX LIFE INSURANCE COMPANY, hereinafter to
referred to as "XXXXXXX," a Massachusetts corporation, and LEGACY MARKETING
GROUP, hereinafter to referred to as "LMG," a California corporation, with
reference to the following facts:
WHEREAS, LMG and Xxxxxxx entered into the Marketing Agreement, hereinafter
referred to as "the Agreement," on January 18, 2001, wherein Xxxxxxx and LMG
agreed to jointly develop proprietary life insurance and annuity products,
wherein LMG would market such products on behalf of Xxxxxxx, utilizing its
nationwide distribution channels of duly licensed and appointed Producers in
consideration of the fees as set forth in APPENDIX B of the Agreement;
WHEREAS, LMG and Xxxxxxx desire to include Xxxx Xxxxxxx Variable Life Insurance
Company {an affiliate of Xxxxxxx} as privy and an additional party to the
Agreement;
WHEREAS, LMG and Xxxxxxx desire to amend the terms of the Agreement as
hereinafter provided.
NOW, THEREFORE, in consideration of the foregoing recitals and mutual promises
hereinafter contained, and other good and valuable consideration, LMG and
Xxxxxxx agree as follows:
1. "All references to "Xxxxxxx" in the Agreement shall be deemed to
include Xxxx Xxxxxxx Variable Life Insurance Company. Furthermore, Xxxx
Xxxxxxx Variable Life Insurance Company hereby expressly ratifies,
acknowledges and agrees to adhere to the terms set forth in the
Agreement."
2. Add to Appendix A, Policy Forms, as follows:
"The Product Specifications prepared for new products will include the
Policy Forms for such products. Furthermore, such Product
Specifications shall be incorporated by reference herein to the
Agreement, upon final written authorization of Xxxxxxx and LMG."
3. Add to Appendix B, Commission and Marketing Allowance Fees, as follows:
"The Product Specifications prepared for new products will include the
Commission, Override, Marketing Allowance and LMG Trail Commission for
such products. Furthermore, such Product Specifications shall be
incorporated by reference herein to the Agreement, upon final written
authorization of Xxxxxxx and LMG."
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All other provisions in the Marketing Agreement not specifically amended above
remain in effect and unchanged.
IN WITNESS WHEREOF, LMG and Xxxxxxx have hereto executed this Agreement.
LEGACY MARKETING GROUP XXXX XXXXXXX LIFE INSURANCE COMPANY
By: /s/ Xxx Xxxx By: /s/ Xxxxx X. Xxxxx
Title: VP Title: VP
Date: October 2, 2001 Date _________________________________
Witness: /s/ Xxxxxxxxx Xxxxxxx Witness______________________________
XXXX XXXXXXX VARIABLE LIFE INSURANCE COMPANY
By: /s/ Xxxxx X. Xxxxx
Title: VP
Date _________________________________
Witness ______________________________
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