THIRD AMENDMENT DATED AS OF FEBRUARY 19, 2013 TO THE MARKETING AGENT AGREEMENT DATED AS OF FEBRUARY 15, 2008, AS AMENDED MARCH 24, 2008 AND JULY 30, 2012
Exhibit 10.13
THIRD AMENDMENT
DATED AS OF FEBRUARY 19, 2013
TO THE MARKETING AGENT AGREEMENT
DATED AS OF FEBRUARY 15, 2008, AS AMENDED MARCH 24, 2008
AND JULY 30, 2012
AMENDMENT AGREEMENT (the “Amendment”) dated as of February 19, 2013 between ALPS DISTRIBUTORS, INC. (“ALPS”), UNITED STATES COMMODITY FUNDS LLC, formerly Victoria Bay Asset Management, LLC (“USCF”), and UNITED STATES GASOLINE FUND, LP (“UGA”).
WITNESSETH
The parties have previously entered into that certain Marketing Agent Agreement dated as of February 15, 2008, as amended on March 24, 2008 and July 30, 2012 (the “Agreement”). The parties have agreed to amend the Agreement in accordance with the terms of this Amendment.
NOW, THEREFORE, in consideration of the mutual agreements herein contained, ALPS, USCF and UGA hereby acknowledge and agree as follows:
1. Amendment to the Agreement. Upon execution of this Amendment by ALPS, USCF and UGA, the Agreement shall be hereby amended as follows:
(a) Section 4.3 of the Agreement, “Marketing Agent Fee” shall be amended by adding the following:
In no event will the Marketing Agent Fee exceed 10% of the gross proceeds of the Fund’s offering.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their respective officers or authorized representatives as of the day and year first above written.
UNITED STATES COMMODITY FUNDS LLC
| By: /s/ ▇▇▇▇▇▇ ▇▇▇ |
| Name: ▇▇▇▇▇▇ ▇▇▇ Title: Management Director |
| UNITED STATES GASOLINE FUND, LP |
| By: United States Commodity Funds LLC, as General Partner |
| By: /s/ ▇▇▇▇▇▇ ▇▇▇ |
| Name: ▇▇▇▇▇▇ ▇▇▇ Title: Management Director |
| ALPS DISTRIBUTORS, INC |
| By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ |
| Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ |
| Title: President |
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