AMENDMENT TO
Participation Agreement
This amendment to the Participation Agreement ("Amendment") is entered into
and is effective this 29th day of June, 2001 by and among American Enterprise
Life Insurance Company (the "Company") and MFS Variable Insurance Trust (the
"Trust"), and Massachusetts Financial Services Company ("MFS").
WHEREAS, the parties to this Amendment have previously executed that
certain Participation Agreement dated September 1, 1999 ("Agreement");
WHEREAS, the parties to this Amendment wish to amend the Agreement to
comply with applicable federal and state privacy laws and regulations; and
WHEREAS, the Company wishes to update its address for notice purposes
pursuant to the terms of the Agreement; and
WHEREAS, the parties to this Amendment wish to amend Schedule A pursuant to
the terms of the Agreement.
NOW THEREFORE, in consideration of the terms, covenants and conditions
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties to this Amendment
agree to amend the Agreement as follows:
1. Use of Nonpublic Personal Information. The Company, the Trust and MFS agree
to take all necessary steps to comply with applicable regulations
protecting the privacy of consumer and customer financial information (as
defined in such regulations). To the extent the Trust or MFS or agents of
either provide the Company with any nonpublic personal information (as
defined in such regulations) to perform services or functions on behalf of
the Trust or MFS, the Company agrees (i) not to disclose or use any such
information for any purpose other than to carry out the purposes for which
the Trust, MFS or their agents disclosed the information or as permitted by
law in the ordinary course of business to carry out those purposes; and
(ii) to contractually require all its agents, representatives, or any other
party to whom the Company may provide access to or disclose nonpublic
personal information to limit the use and disclosure of nonpublic personal
information to that purpose. To the extent the Company or its agents
provide the Trust, MFS or their agents with any nonpublic personal
information to perform services or functions on the Company's behalf, the
Trust, MFS and their agents agree (i) not to disclose or use any such
information for any purpose other than to carry out the purposes for which
the Company disclosed the information or as permitted by law in the
ordinary course of business to carry out those purposes; and (ii) to
contractually require all their agents, representatives, or any other party
to whom the Trust, MFS or their agents may provide access to or
disclose nonpublic personal information to limit the use and disclosure of
nonpublic personal information to that purpose. The Company, the Trust and
MFS agree to adopt policies and procedures that address administrative,
technical and physical safeguards for the protection of customer records
and information.
2. Notice. The Company hereby updates its address for the purposes of notice
in accordance with Article XII of the Agreement as follows:
American Enterprise Life Insurance Company
1765 AXP Financial Center
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Attention: Executive Vice President, Annuities
Fax: (▇▇▇) ▇▇▇-▇▇▇▇
with a copy to:
American Enterprise Life Insurance Company
50607 AXP Financial Center
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Attention: General Counsel's Office
Fax: (▇▇▇) ▇▇▇-▇▇▇▇
3. Schedule A is deleted in its entirety and replaced with the Schedule A as
attached hereto.
4. In the event of a conflict between the terms of this Amendment and the
Agreement, it is the intention of the parties that the terms of this
Amendment shall control and the Agreement shall be interpreted on that
basis. Except as modified by this Amendment, the Agreement is hereby
ratified and confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, each party has executed this Amendment by a duly
authorized officer.
AMERICAN ENTERPRISE LIFE Attest:
INSURANCE COMPANY
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ By: /s/ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇
----------------------------- -----------------------------
Printed Printed
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇
As Its: Executive Vice President, As Its: Assistant Secretary
Annuities
MFS VARIABLE INSURANCE TRUST MASSACHUSETTS FINANCIAL
SERVICES COMPANY
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, ▇▇. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
--------------------------- -------------------------
Printed Printed
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, ▇▇. Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
As Its: Assistant Secretary As Its: Senior Executive
Vice President
As of June 29, 2001
SCHEDULE A
Accounts, Policies and Portfolios
Subject to the Participation Agreement
===================================== ================================== ============================ ==============================
Name of Separate
Account and Date Policies Funded Share Class Portfolios
Established by Board of Directors by Separate Account (Initial or Service Class) Applicable to Policies
===================================== ================================== ============================ ==============================
American Enterprise Variable American Express Pinnacle Initial Class MFS(R) Investors Trust Series
Annuity Account, Variable Annuity(SM) MFS(R) New Discovery Series
July 15, 1987 MFS(R) Research Series
American Express Signature MFS(R) Total Return Series
American Enterprise Variable Life Variable Annuity(R) MFS(R) Utilities Series
Account,
July 15, 1987 American Express(R) Signature One
Variable Annuity
▇▇▇▇▇ Fargo Advantage(SM)
Variable Annuity
▇▇▇▇▇ Fargo Advantage(SM)
Builder Variable Annuity
American Express Signature
Variable Universal Life(SM)
American Express(R) Galaxy Premier
Variable Annuity
American Express New Solutions(SM) MFS(R) Investors Growth Stock
Variable Annuity Service Class Series
MFS(R) Investors Trust Series
MFS(R) New Discovery Series
MFS(R) Total Return Series
MFS(R) Utilities Series
------------------------------------- ---------------------------------- ---------------------------- ------------------------------