NOTE 4 - CONTRACTS AND
AGREEMENTS
USOF is party to
a marketing agent agreement, dated as of March 13, 2006, as
amended from time to time, with the Marketing Agent and USCF,
whereby the Marketing Agent provides certain marketing services for
USOF as outlined in the agreement. The fees of the Marketing Agent,
which are borne by USCF, include a marketing fee of $425,000 per
annum plus the following incentive fee: 0.00% on USOF’s
assets from $0 - $500 million; 0.04% on USOF’s assets from
$500 million - $4 billion; and 0.03% on USOF’s assets in
excess of $4 billion.
The above fees
do not include the following expenses, which are also borne by
USCF: the cost of placing advertisements in various periodicals;
web construction and development; or the printing and production of
various marketing materials.
USOF is also
party to a custodian agreement, dated March 13, 2006, as
amended from time to time, with Brown Brothers Harriman &
Co. (“BBH&Co.”) and USCF, whereby BBH&Co. holds
investments on behalf of USOF. USCF pays the fees of the custodian,
which are determined by the parties from time to time. In addition,
USOF is party to an administrative agency agreement, dated
March 13, 2006, as amended from time to time, with USCF and
BBH&Co., whereby BBH&Co. acts as the administrative agent,
transfer agent and registrar for USOF. USCF also pays the fees of
BBH&Co. for its services under such agreement and such fees are
determined by the parties from time to time.
Currently, USCF
pays BBH&Co. for its services, in the foregoing capacities, a
minimum amount of $75,000 annually for its custody, fund accounting
and fund administration services rendered to USOF and each of the
affiliated funds managed by USCF, as well as a $20,000 annual fee
for its transfer agency services. In addition, USCF pays
BBH&Co. an asset-based charge of (a) 0.06% for the first
$500 million of USOF’s, USNG’s, US12OF’s,
UGA’s, USHO’s, USSO’s, US12NG’s,
USBO’s and USCI’s combined net assets, (b) 0.0465%
for USOF’s, USNG’s, US12OF’s, UGA’s,
USHO’s, USSO’s, US12NG’s, USBO’s and
USCI’s combined net assets greater than $500 million but less
than $1 billion, and (c) 0.035% once USOF’s,
USNG’s, US12OF’s, UGA’s, USHO’s,
USSO’s, US12NG’s, USBO’s and USCI’s
combined net assets exceed $1 billion. The annual minimum amount
will not apply if the asset-based charge for all accounts in the
aggregate exceeds $75,000. USCF also pays transaction fees ranging
from $7 to $15 per transaction.
USOF has entered
into a brokerage agreement with UBS Securities LLC (“UBS
Securities”). The agreement requires UBS Securities to
provide services to USOF in connection with the purchase and sale
of Oil Futures Contracts and Other Oil Interests that may be
purchased and sold by or through UBS Securities for USOF’s
account. In accordance with the agreement, UBS Securities charges
USOF commissions of approximately $7 to $15 per round-turn trade,
including applicable exchange and NFA fees for Oil Futures
Contracts and options on Oil Futures Contracts.
On May 30,
2007, USOF and the NYMEX entered into a licensing agreement whereby
USOF was granted a non-exclusive license to use certain of the
NYMEX’s settlement prices and service marks. Under
the licensing agreement, USOF and the affiliated funds managed
by USCF, other than USBO and USCI, pay the NYMEX an asset-based fee
for the license, the terms of which are described in Note
3.
USOF expressly
disclaims any association with the NYMEX or endorsement of USOF by
the NYMEX and acknowledges that “NYMEX” and “New
York Mercantile Exchange” are registered trademarks of the
NYMEX.