0000894189-18-006910 Sample Contracts

ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • December 21st, 2018 • Tidal ETF Trust • Delaware

This Distribution Agreement (the “Agreement”) is made this ____ day of _________ 2018, by and between Tidal ETF Trust, a Delaware statutory trust (the “Trust”), having its principal place of business at 898 North Broadway, Suite 2, Massapequa, NY 11758, and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”), having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.

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SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • December 21st, 2018 • Tidal ETF Trust • New York

This Sub-Advisory Agreement (the “Agreement”) is made as of this __ day of ______________, 2018 by and between Toroso Investments, LLC, a Delaware limited liability company, with its principal place of business at 898 N. Broadway, Suite 2, Massapequa, NY 11758 (the “Adviser”) and Aware Asset Management, Inc., a Minnesota corporation, with its principal place of business at 3535 Blue Cross Road, Eagan, MN 55122 (the “Sub‑Adviser”), with respect to each series of the Tidal ETF Trust (the “Trust”) identified on Schedule A to this Agreement, as may be amended from time to time (each, a “Fund” and, if more than one Fund, together, the “Funds”).

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • December 21st, 2018 • Tidal ETF Trust • New York

This Investment Advisory Agreement (the “Agreement”) is made as of this ____ day of ___________, 2018 by and between Tidal ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust listed on Schedule A attached hereto, as may be amended from time to time (each, a “Fund” and collectively, the “Funds”), and Toroso Investments, LLC, a Delaware limited liability company (the “Adviser”).

TIDAL ETF TRUST FORM OF AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • December 21st, 2018 • Tidal ETF Trust • New York

This Authorized Participant Agreement (the “Agreement”) is entered into by and between Foreside Fund Services, LLC (the “Distributor”) and __________ (the “Participant”) and is subject to acceptance by U.S. Bancorp Fund Services, LLC d/b/a U.S. Bank Global Fund Services (the “Index Receipt Agent”). This Agreement is further subject to acknowledgement and agreement by Tidal ETF Trust (the “Trust”), a series trust offering a number of portfolios of securities for which the Distributor is the distributor of such series (each a “Fund” and collectively the “Funds”), solely with respect to Sections 4(c) and 12(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust’s Registration Statement on Form N-1A (Securities Act of 1933 Registration No. 333-227298; Investment Company Act of 1940 Registration No. 811-23377), as it may be amended from time to time, or oth

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • December 21st, 2018 • Tidal ETF Trust • Delaware

THIS FUND ADMINISTRATION SERVICING AGREEMENT (the “Agreement”) is made and entered into as of ____________, 2018 by and between Tidal ETF Trust, a Delaware statutory trust (the “Trust”) and Tidal ETF Services LLC, a Delaware limited liability company (“Tidal”). Toroso Investments, LLC, the investment adviser to the Trust (the “Adviser”), is a party hereto with respect to Section 4 only.

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • December 21st, 2018 • Tidal ETF Trust • New York

THIS AGREEMENT is made and entered into as of ______________, 2018 by and between TIDAL ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”). TOROSO INVESTMENTS, LLC, the investment adviser to the Trust (the “Adviser”), is a party hereto with respect to Article 7 only.

TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • December 21st, 2018 • Tidal ETF Trust • New York

THIS AGREEMENT is made and entered into as of ___________, 2018 by and between TIDAL ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”). Toroso Investments, LLC, a Delaware limited liability company, the investment adviser to the Trust (the “Adviser”), is a party hereto with respect to Article 5 only.

FUND SUB-ADMINISTRATION SERVICING AGREEMENT
Fund Sub-Administration Servicing Agreement • December 21st, 2018 • Tidal ETF Trust • New York

THIS AGREEMENT is made and entered into as of ____________, 2018 by and between TIDAL ETF SERVICES LLC (the “Company” or “Tidal”), with respect to Tidal ETF Trust, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”). TOROSO INVESTMENTS, LLC, the investment adviser to the Trust (the “Adviser”), is a party hereto with respect to Article 4 only.

CUSTODY AGREEMENT
Custody Agreement • December 21st, 2018 • Tidal ETF Trust • New York

THIS AGREEMENT is made and entered into as of ______________, 2018 by and between TIDAL ETF TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”). Toroso Investments, LLC, a Delaware limited liability company, the investment adviser to the Trust (the “Adviser”), is a party hereto with respect to Article 7.01 only.

DISTRIBUTION SERVICES AGREEMENT
Distribution Services Agreement • December 21st, 2018 • Tidal ETF Trust • Delaware

THIS AGREEMENT made this ___ day of _________, 2018, by and between Toroso Investments, LLC (the “Adviser”), a Delaware limited liability company and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”).

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