The Texas Participation Agreement between First American Ins. Portfolios, Inc. and SET Investments Distribution Co. establishes the terms and conditions for their collaborative partnership in the state of Texas. This agreement outlines the responsibilities and obligations of both parties, ensuring a smooth and compliant operation. Here's a detailed description of the agreement and its various types: 1. Key Components: The Texas Participation Agreement includes the following essential components: a. Party Details: It outlines the full legal names, contact information, and addresses of both First American Ins. Portfolios, Inc. (herein referred to as "First American") and SET Investments Distribution Co. (herein referred to as "SET"). b. Purpose: The agreement clearly defines the purpose of collaboration between the two entities in Texas. This may include the distribution of investment products, joint marketing efforts, or sales of specific financial products. c. Recitals: This section provides a comprehensive background explaining the reasons for entering into this agreement. It may include the objectives, industry trends, market considerations, and mutual interest in serving customers in Texas. d. Term and Termination: The agreement specifies the start and end dates of the partnership, along with conditions for termination such as breach of contract or regulatory changes. e. Responsibilities: It delineates the obligations and roles of each party throughout the partnership. This may encompass areas like marketing and promotional activities, compliance with state and federal laws and regulations, distribution channels, and reporting requirements. f. Compensation: The agreement mentions the compensation structure for both parties, including commission rates, payment schedules, incentives, and bonuses. g. Confidentiality and Non-Disclosure: It addresses the protection of confidential information they may exchange during the course of the partnership, ensuring confidentiality standards are maintained. h. Indemnification: This section outlines the indemnification rights and liabilities of each party, protecting both First American and SET from any losses, expenses, or legal claims arising from their collaboration. 2. Types of Texas Participation Agreement: Considering the diverse nature of business collaborations, there may be different types of Texas Participation Agreements between First American Ins. Portfolios, Inc. and SET Investments Distribution Co. These could include: a. Product Distribution Agreement: This type of agreement focuses on the distribution and sale of specific financial products such as mutual funds, annuities, or insurance policies through First American's portfolio and SET's distribution channels within the state of Texas. b. Marketing and Promotional Agreement: This agreement emphasizes joint marketing efforts, where both entities collaborate to enhance brand visibility, conduct advertising campaigns, participate in events, and share promotional costs across Texas. c. Licensing Agreement: In some cases, the partnership may involve the licensing of intellectual property rights, trademarks, or proprietary systems between First American and SET to operate within the state of Texas. d. Strategic Partnership Agreement: A strategic partnership agreement between First American and SET may encompass broader collaboration objectives, such as exploring new market opportunities, joint research and development, or the establishment of a joint venture within Texas. These different types of Texas Participation Agreements allow First American Ins. Portfolios, Inc. and SET Investments Distribution Co. to tailor a partnership according to their specific business strategies and objectives while adhering to the regulations and requirements set forth in Texas.