EX-99.8.8B PART AGT 15 mfs-p_ael.txt AMENDMENT TO PARTICIPATION AGREEMENT - MFS VARIABLE INSURANCE TRUST 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 Minneapolis, Minneapolis 55474 Attention: Executive Vice President, Annuities Fax: (612) 671-3866 with a copy to: American Enterprise Life Insurance Company 50607 AXP Financial Center Minneapolis, Minneapolis 55474 Attention: General Counsel's Office Fax: (612) 671-3767 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/ Gumer C. Alvero By: /s/ Mary Ellyn Minenko ----------------------------- ----------------------------- Printed Printed Name: Gumer C. Alvero Name: Mary Ellyn Minenko As Its: Executive Vice President, As Its: Assistant Secretary Annuities MFS VARIABLE INSURANCE TRUST MASSACHUSETTS FINANCIAL SERVICES COMPANY By: /s/ James R. Bordewick, Jr. By: /s/ Arnold D. Scott --------------------------- ------------------------- Printed Printed Name: James R. Bordewick, Jr. Name: Arnold D. Scott 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 Wells Fargo Advantage(SM) Variable Annuity Wells 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 ------------------------------------- ---------------------------------- ---------------------------- ------------------------------