EX-99.26.H.I.H. 3 fidelity.htm fidelity.htm
 
 

 

AMENDMENT NO. 7 TO PARTICIPATION AGREEMENT

Transamerica Life Insurance Company, Variable Insurance Products Fund, Variable Insurance Products Fund II, Variable Insurance Products Fund III, Variable Insurance Products Fund IV, Variable Insurance Products Fund V, and Fidelity Distributors Corporation hereby amend the Participation Agreement (“Agreement”) dated October 10, 2005, by doing the following:

1.  
A new Article XIII. Is hereby added to the Agreement as follows:

Article XIII. Confidentiality

13.1.           Confidentiality. For purposes of this Agreement, "Proprietary Information" shall be defined as any confidential or proprietary information of you or us (each a “Party” and collectively the “Parties”) or their respective affiliates provided to the other party during the term of this Agreement, including, but not limited to confidential customer lists, information relating to customer accounts, and other proprietary and confidential information related to a Party's business or customers, or owned by a Party's customers; provided, however, that nothing in this paragraph or otherwise shall be deemed to prohibit or restrict either Party or their affiliates in any way from soliciting any product or service directed at, without limitation, the general public, any segment thereof or any specific individual provided such solicitation is not based upon any such Proprietary Information. The term "Proprietary Information” shall not include (i) information lawfully in the possession of a Party or its affiliates prior to its receipt from the other Party and without obligation of confidentiality; (ii) information which, without any fault of the other Party, is or becomes available in the public domain; (iii) information subsequently disclosed on a non~confidential basis by a third party not known by the disclosing Party as having a confidential relationship with the Parties and which rightfully acquired such information; (iv) information that is independently developed by a Party; (v) information communicated with the express written consent of the other Party, or (vi) information legally requested or required to be disclosed pursuant to a competent judicial order or other legal, administrative or regulatory process.

Neither Party gains any ownership of the other Party’s Proprietary Information hereunder and each Party agrees that any Proprietary Information provided to it by the other Party shall at all times remain the sole property of the other Party.

Each Party acknowledges that the Proprietary Information of the other Party is valuable and must be kept confidential. Each party shall hold the Proprietary Information of the other Party confidential and shall limit access to such Proprietary Information to its employees and agents whose use of such Proprietary Information is necessary for the conduct of its business. Each Party shall take commercially reasonable steps to prevent unauthorized disclosure or use of the Proprietary Information of the other Party.

 
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Each Party acknowledges that either Party delivering confidential customer information may be subject to certain laws and regulations regarding the privacy and protection of consumer information, and that any receipt or use of confidential customer information by either Party may also be subject to compliance with such state and federal laws and regulations, including, if applicable the laws and regulations of the Commonwealth of Massachusetts.
 
 
The provisions found in this Article XIII. on Confidential Information will survive any expiration or termination of the Agreement.

2.   Schedule A of the Agreement is hereby deleted in its entirety and
      replaced with the Amended Schedule A attached hereto.

3.  This Amendment may be signed in counterparts.

IN WITNESS WHEREOF, the parties have hereto affixed their respective authorized signatures, intending that this Amendment be effective as of the 1st day of May, 2011.


TRANSAMERICA LIFE INSURANCE COMPANY

By:           /s/                                           
Name:           Arthur D. Woods
Title:           Vice President


VARIABLE INSURANCE PRODUCTS FUND
VARIABLE INSURANCE PRODUCTS FUND II
VARIABLE INSURANCE PRODUCTS FUND III
VARIABLE INSURANCE PRODUCTS FUND IV
VARIABLE INSURANCE PRODUCTS FUND V


By:           /s/                                           
Name:           Bryan Merhrmann
Title:           Deputy Treasurer

FIDELITY DISTRIBUTORS CORPORATION

By:           /s/                                           
Name:
Title:

 

 

Schedule A

Separate Accounts and Associated Contracts

 
 
Name of Products
 
 
Name of Accounts
Date of Resolutions of Company’s Board which established the Accounts
 
Fidelity Income PlusSM
 
 
Fidelity Variable
Annuity Account
 
August 24, 1979 (by an affiliate subsequently acquired by the Company)
 
Transamerica LandmarkSM Variable Annuity
 
 
Separate Account VA B
 
 
 
January 19, 1990
 
Transamerica FreedomSM Variable Annuity
 
 
Separate Account VA B
 
 
 
January 19, 1990
 
Retirement Income Builder® Variable Annuity
 
 
Retirement Builder
Variable Annuity Account
 
 
 
March 29, 1996
 
Immediate Income BuilderSM
 
 
Retirement Builder
Variable Annuity Account
 
 
 
March 29, 1996
 
Portfolio SelectSM Variable Annuity
 
 
Retirement Builder
Variable Annuity Account
 
 
 
March 29, 1996
 
Retirement Income Builder® II Variable Annuity
 
 
Retirement Builder
Variable Annuity Account
 
 
 
March 29, 1996
 
Transamerica ExtraSM Variable Annuity
 
 
Separate Account VA C
 
 
February 20, 1997
 
Transamerica AccessSM Variable Annuity
 
 
Separate Account VA D
 
 
February 20, 1997
 
Privilege SelectSM Variable Annuity
 
 
Separate Account VA E
 
 
February 20, 1997
 
Premier Asset BuilderSM Variable Annuity
 
 
Separate Account VA F
 
May 15, 2000


 
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Accounts continued…

 
 
Name of Contracts
 
 
Name of Accounts
Date of Resolutions of Company’s Board which established the Accounts
 
 
Immediate Income BuilderSM II
 
 
Separate Account VA J
 
May 15, 2000
 
Retirement Income Builder® – BAI Variable Annuity, under the marketing name:  “Retirement Income Builder IV"
 
 
Separate Account VA K
 
July 10, 2001
 
Flexible Premium Variable Annuity – A, under the marketing name: “Transamerica Opportunity BuilderSM” and “Transamerica TraditionsSM
 
 
 
Separate Account VA P
 
 
November 26, 2001
 
Advantage V
 
PFL Corporate Account One
 
August 10, 1998
 
 
PFL Variable
Universal Life Policy
 
 
PFL Variable Life Account A
 
July 1, 1999
 
Legacy Builder Plus Variable Universal Life Policy
 
 
Separate Account VUL A
 
 
November 20, 1998
 
Advantage X Variable Adjustable Life Insurance Policy
 
Transamerica Corporate Separate Account Sixteen
 
 
June 16, 2003
 
 
Advantage R3 Variable Adjustable Life Insurance Policy
 
Transamerica Separate Account R3
November 23, 2009
 
Flexible Premium Variable Annuity – C, under the marketing name: “Transamerica PrincipiumSM
 
 
Separate Account VA R
 
November 26, 2001
 
Advantage VI Variable Adjustable Group Life Insurance Policy
 
 
PFL Corporate Account One
 
 
August 10, 1998
 
Flexible Premium Variable Annuity – I, under the marketing name:  “Transamerica Advisor EliteSM Variable Annuity”
 
 
Separate Account VA X
 
May 15, 2000
 
   
 
4
 

 
 
 
Accounts continued…
Name of Contracts
Name of Accounts
Date of Resolutions of Company’s Board which established the Accounts
 
Flexible Premium Variable Annuity – J, under
the marketing name:  “Transamerica AxiomSM Variable Annuity”
Separate Account VA Y
October 19, 2001
 
 
 
 
Name of Contracts
 
 
Name of Accounts
Date of Resolutions of Company’s Board which established the Accounts
 
 
TransMark Optimum Choice® Variable Annuity
 
 
Separate Account VA – 8
 
June 11, 1996
 
 
Flexible Premium Variable Annuity – G, under
the marketing name: “Transamerica LibertySM Variable Annuity”
 
Separate Account VA W
 
May 15, 2000
 
 
 
Transamerica Elite
 
Separate Account VUL-3
 
 
November 30, 1999
 
TransSurvivor
 
Separate Account VUL-4 of Transamerica Life Insurance Company
 
 
February 1, 2001
 
 
 
TransUltra
 
Separate Account VUL-5 of Transamerica Life Insurance Company
 
 
May 1, 2001
 
 
 
TransAccumulator VUL and
TransAccumulator VUL II
 
Separate Account VUL-6 of Transamerica Life Insurance Company
 
 
February 4, 2002
 
 
 
Variable Protector
 
Variable Life Account A
 
 
July 1, 1999
MEMBERS® Landmark Variable AnnuitySM
Separate Account VA B
January 19, 1990
MEMBERS® Freedom Variable AnnuitySM
Separate Account VA B
January 19, 1990
MEMBERS® Extra Variable AnnuitySM
Separate Account VA C
February 20, 1997
MEMBERS® Liberty Variable AnnuitySM
Separate Account VA G
May 15, 2000
 










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