0001493580-20-000006 Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York

AGREEMENT, dated as of February 12, 2020 between BNY Mellon ETF Trust, a Massachusetts business trust, having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business, having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (“Custodian”) and, solely for purposes of payment pursuant to Article VIII Paragraph 7 hereof, BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).

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FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York

THIS AGREEMENT is made as of February 12, 2020 by and between each Trust listed on the signature page hereto (each a “Fund”, and collectively the “Funds” as applicable), The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”) and, solely for purposes of payment pursuant to Sections 6(d), 7, 11 and 15(c) hereof, BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).

AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York

This Authorized Participant Agreement (the “Agreement”) is entered into by and between BNY Mellon Securities Corporation (the “Distributor”), principal underwriter of the BNY Mellon ETF Trust (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), and____________________________(the “Participant”), and is subject to acceptance by The Bank of New York Mellon (the “Transfer Agent”). The Transfer Agent serves as the transfer agent of the Trust and is an Index Receipt Agent as that term is defined in the rules of the National Securities Clearing Corporation (“NSCC”). 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, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (the “SEC”) (together with such Fund’

TRANSFER AGENCY AND SERVICE AGREEMENT
Authorized Participant Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York

THIS AGREEMENT is made as of the 20th day of February, 2020, by and among each Trust, including any underlying Series (if any) (hereinafter, each, a “Trust”, and, collectively, the “Trusts” (as applicable)) listed on Appendix A hereto (as such Appendix may be amended from time to time), THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (the “Bank”), and, solely for purposes of payment pursuant to Section 2 hereof, BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).

SUB-INVESTMENT ADVISORY AGREEMENT
Sub-Investment Advisory Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York
DISTRIBUTION AGREEMENT
Distribution Agreement • March 5th, 2020 • BNY Mellon ETF Trust

This is to confirm that, in consideration of the agreements hereinafter contained, each investment company identified on Exhibit A hereto, as such Exhibit may be amended from time to time, has agreed that you shall be, for the period of this agreement, the distributor of (a) shares of each series of each investment company set forth on Exhibit A hereto, as such Exhibit may be revised from time to time (each, the “Fund”). For purposes of this agreement the term “Shares” shall mean the authorized shares of the Fund. The Fund intends to create and redeem Shares on a continuous basis at their net asset value only in aggregations constituting a Creation Unit, as such term is defined in the registration statement filed from time to time by the Fund with the Securities and Exchange Commission (the “Commission”) and effective under the Securities Act of 1933, as amended (the “1933 Act”), and the Investment Company Act of 1940, as amended (the “1940 Act”) (the “Registration Statement,” which co

MANAGEMENT AGREEMENT
Management Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York

The above-named investment company (the “Trust”) consisting of the series named on Schedule 1 hereto, as such Schedule may be revised from time to time (each, a “Fund”), herewith confirms its agreement with you as follows:

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