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Fund Distribution Agreement
"Need a Fund Distribution Agreement for our new emerging markets ETF to be distributed through a major online brokerage platform, with specific provisions for digital marketing and social media promotions, targeting implementation by March 2025."
1. Parties: Identification of the fund company/sponsor and the distributor
2. Background: Context of the agreement, including nature of the funds and distribution relationship
3. Definitions: Key terms used throughout the agreement including 'Funds', 'Shares', 'Distribution Services'
4. Appointment and Authorization: Formal appointment of distributor and scope of distribution rights
5. Distribution Obligations: Core responsibilities of the distributor
6. Compensation: Fee structure, payment terms, and calculation methods
7. Compliance Requirements: Regulatory compliance obligations and requirements
8. Term and Termination: Duration of agreement and termination provisions
9. Representations and Warranties: Standard declarations by both parties
1. Sub-distributor Provisions: Terms for appointing sub-distributors when distributor may appoint sub-distributors
2. International Distribution: Specific provisions for cross-border distribution when distribution includes non-US territories
3. Digital Distribution: Terms specific to online/digital distribution channels when distribution includes digital platforms
1. Schedule A - List of Funds: Detailed list of funds covered by the agreement
2. Schedule B - Fee Schedule: Detailed compensation structure including distribution fees and trail commissions
3. Schedule C - Territory: Defined geographical areas for distribution
4. Appendix 1 - Compliance Procedures: Detailed compliance requirements and procedures
5. Appendix 2 - Service Level Requirements: Specific performance metrics and service standards
6. Appendix 3 - Marketing Guidelines: Rules and requirements for marketing and promotional activities
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