Common use of Marketing and Sales Clause in Contracts

Marketing and Sales. A. Prior to use with any member of the public, the Company shall provide to the Distributor copies of any promotional, sales and advertising material developed by the Company for the Distributor's review and written approval. Upon receipt of such material from the Company, the Distributor shall be given a reasonable amount of time to complete its review. The Distributor will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Company of the obligation to obtain the prior written approval of the Distributor. In the event that the Distributor shall design any promotional, sales or advertising material relating to the Contracts, the Distributor shall provide to the Company copies of such material for the Company's review and written approval. Upon receipt of such material from the Distributor, the Company shall be given a reasonable amount of time to complete its review. The Company will respond on a prompt and timely basis in approving any such material. Failure to respond shall not relieve the Distributor of the obligation to obtain the prior written approval of the Company. The Underwriter shall be responsible for filing, as required, all promotional, sales or advertising material, whether developed by the Company, Underwriter or Distributor, with the NASD and any federal and state securities governmental or regulatory agencies. The Company shall be responsible for filing, as required, such material, whether developed by the Company, Underwriter or Distributor, with any state insurance governmental or regulatory agencies. Neither the Distributor nor Distributor Agency Affiliates shall have any responsibility for any of the filings referred to in this paragraph. If any such promotional, sales or advertising material names the Fund or the Fund's investment adviser, the Company shall furnish such material to the Fund or the Fund's distributor (if other than the Distributor) prior to its use. Such material shall not be used unless written approval has been obtained from the Fund or the Fund's distributor. Failure of the Fund or the Fund's distributor to respond shall not relieve the Company or Underwriter of the obligation to obtain the prior written approval of the Fund or the Fund's distributor.