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Exhibit (h)(7)
JOINT MARKETING AGREEMENT
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AGREEMENT made this 31st day of December, 2000, between Trustmark Bank
(the "Bank"), a national bank having its principal place of business in Jackson,
Mississippi; Trustmark Financial Services, Inc. ("TFSI"), a wholly owned
subsidiary of the Bank, having its principal place of business in Jackson,
Mississippi, and Performance Funds Trust (the "Funds"), a Massachusetts business
trust.
WHEREAS, the Funds are a diversified, open-end management investment
company registered under the Investment Company Act of 1940;
WHEREAS, TFSI, a wholly owned subsidiary of the Bank, serves as the
investment adviser for the Funds, is registered as a broker-dealer with the
Securities Exchange Commission and a member in good standing of the National
Association of Securities Dealers;
WHEREAS, a significant number of the shareholders of the Funds are also
customers of the Bank and of TFSI and the consumers of then Bank and of TFSI
represent important potential purchasers of shares of the Funds; and
WHEREAS, the Funds desire to market its products and services to
consumers of the Bank and of TFSI and the Bank and TFSI desire to market the
products and services of the Funds to their consumers;
NOW THEREFORE, in consideration of the mutual premises and covenants
herein set forth, the parties agree as follows:
1. SERVICES. TFSI and the Bank shall provide to the Funds and the Funds shall
provide to the Bank and to TFSI the services described in Schedule A
attached hereto.
2. TERM. This Agreement shall become effective on the date first written above
and shall continue until December 31, 2001. Thereafter, this Agreement
shall continue in effect for successive 12 month periods unless and until
90 days written notice not to renew is given by the terminating party to
the other parties to this Agreement.
3. CONFIDENTIALITY. To carry out the purposes of this agreement, the Bank,
TFSI and the Funds may provide to one another information, or access to
information about their respective consumers ("Consumer Information")
including, but not limited to nonpublic personal information such as a
consumer's name, address, telephone number, account relationships, account
balances and account histories. All information, including consumer
information, obtained pursuant to this Agreement by the Funds or by the
Bank or by TFSI shall be considered confidential information.
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Neither the Funds, the Bank or TFSI shall disclose such confidential
information to any other person or entity except to carry out the purposes
of this agreement including its use under sections 248.14 and 248.15 of
Securities Exchange Commission Regulation S-P.
The Bank, TFSI and the Funds shall:
a) Limit access to consumer information which is obtained pursuant to
this agreement to employees who have a need to know such consumer
information to effect the purposes of this agreement;
b) Safeguard and maintain the confidentiality and security of
consumer information which is obtained pursuant to this agreement
c) Use consumer information obtained pursuant to this agreement only
to carry out the purposes for which the customer information was
disclosed and for no other purpose.
Neither the Funds, the Bank or TFSI shall directly or through an affiliate,
disclose an account number or similar form of access number or access code
for a customer's credit card account, deposit account, or transaction
account for use in telemarketing, direct mail marketing, or other marketing
through electronic mail to the customer.
4. HEADINGS. Paragraph headings in this Agreement are included for convenience
only and are not to be used to construe or interpret this Agreement.
5. GOVERNING LAW. This Agreement shall be governed by, and provisions shall be
construed in accordance with, the laws of the State of Ohio.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
fully executed as of the day and year first written above.
BY:
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BY:
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SCHEDULE A
TO THE JOINT MARKETING AGREEMENT
BETWEEN
TRUSTMARK NATIONAL BANK,
TRUSTMARK FINANCIAL SERVICES, INC.
AND
PERFORMANCE FUNDS TRUST
SERVICES
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The Bank, TFSI and the Funds shall provide one another the following services:
(1) render advice and answer inquiries concerning the marketing of products
and services of the Funds;
(2) assist in the preparation and implementation of marketing plans;
(3) assist in the preparation and distribution of sales and advertising
materials for the Funds; and
(4) provide information, including nonpublic personal information, about
consumers of the Bank or of TFSI for the purpose of marketing the
products and services of the Funds;
(5) provide information, including nonpublic personal information, about
the consumers of the Funds for the purpose of marketing the products
and services of the Funds.
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