The BNP Paribas Momentum Multi Asset 5 Index (the “BNPP Momentum 5 Index”) is the exclusive property of BNP Paribas or one of its affiliates (BNP Paribas and its affiliates are hereinafter called “BNPP”) and is determined, composed and calculated by BNPP. “BNP”, “BNPP”, “BNP Paribas”, “BNP Paribas Momentum Multi Asset 5 Index”, “BNP Paribas Momentum 5 Index”, and “BNPP Momentum 5 Index” (collectively, the “BNPP Marks”) are trademarks or service marks of BNPP. S&P®, S&P 500® and S&P GSCI® are trademarks of Standard & Poor’s Financial Services LLC and have been licensed for use by BNPP.
NONE OF BNPP, S&P, ANY THIRD PARTY LICENSOR, OR ANY OF THE COMPONENT EXCHANGE TRADED FUND (OR “ETF”) SPONSORS OR THE SPONSORS OF THE UNDERLYING INDEXES RELATING TO THE COMPONENT ETFS (COLLECTIVELY, THE “COMPONENT ETF RELATED PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS OR AVAILABILITY OF THE BNPP MOMENTUM 5 INDEX OR ANY COMPONENT THEREOF OR DATA INCLUDED THEREIN, OR THAT NO ERROR, OMISSION, DELAY OR INTERRUPTION WILL EXIST THEREIN. NONE OF BNPP, S&P, ANY THIRD PARTY LICENSOR, OR ANY COMPONENT ETF RELATED PARTY MAKES ANY REPRESENTATION OR WARRANTY, AND EACH OF BNPP, S&P, THE THIRD PARTY LICENSORS AND THE COMPONENT ETF RELATED PARTIES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE BNPP MOMENTUM 5 INDEX, ANY BNPP MARK OR ANY S&P TRADEMARK OR SERVICE MARK OF S&P (COLLECTIVELY, THE “S&P OR MARKS”) INCLUDING, WITHOUT LIMITATION, THOSE REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
In calculating the performance of the BNPP Momentum 5 Index, BNPP deducts an annual fee of 0.50% per annum, calculated on a daily basis which reduces the performance of the index in the same way as a cost. In addition, the BNPP Momentum 5 Index methodology embeds certain costs which cover among other things, rebalancing and replication costs. Such costs (if any) may vary over time with market conditions.
BNPP may license the BNPP Momentum 5 Index to one or more companies (each, a “Company”) for use in a product offered or issued by the Company. The products are not, in whole or in part, sponsored, structured, priced, endorsed, offered, sold, issued or promoted by BNPP or any of its affiliates, or any third party licensor of information to BNPP. BNPP reserves the right to amend or adjust the BNPP Momentum 5 Index methodology from time to time and accepts no liability for any such amendment or adjustment. BNPP is not under any obligation to continue the calculation, publication or dissemination of the BNPP Momentum 5 Index and accepts no liability for any suspension or interruption in the calculation thereof. Neither BNPP nor any of its affiliates accepts any liability in connection with the publication or use of the level of the BNPP Momentum 5 Index at any given time.
BNPP may enter into derivative transactions or issue financial instruments (the “Index Products”) linked to the BNPP Momentum 5 Index. The BNPP Momentum 5 Index Products are not in any way sponsored, endorsed, sold or promoted by the Component ETF Related Parties or the sponsor of any index component (or part thereof) which may comprise the BNPP Momentum 5 Index (the “Underlying Index”) that is not affiliated with BNPP (each such sponsor, an “Underlying Index Sponsor”). The Underlying Index Sponsors and Component ETF Related Parties make no representation whatsoever, whether express or implied, either as to the results to be obtained from the use of the relevant Underlying Index and/or the levels at which the relevant Underlying Index stands at any particular time on any particular date or otherwise. No Underlying Index Sponsor or Component ETF Related Party shall be liable (whether in negligence or otherwise) to any person for any error in the relevant Underlying Index or component ETF and the relevant Underlying Index Sponsor or Component ETF Party is under no obligation to advise any person of any error therein. None of the Underlying Index Sponsors or Component ETF Related Parties makes any representation whatsoever, whether express or implied, as to the advisability of purchasing or investing in, or assuming any risk in connection with, the BNPP Momentum 5 Index Products. BNPP shall have no liability to any party for any act or failure to act by any Underlying Index Sponsor or Component ETF Related Party in connection with the calculation, adjustment or maintenance of the relevant Underlying Index or component ETF and have no affiliation with or control over any Underlying Index or component ETF or the relevant Underlying Index Sponsor or Component ETF Related Party or the computation, composition or dissemination of any Underlying Index or Component ETF. Although BNPP will obtain information concerning each Underlying Index and component ETF from publicly available sources that it believes reliable, it will not independently verify this information. Accordingly, no representation, warranty or undertaking (express or implied) is made and no responsibility is accepted by BNPP as to the accuracy, completeness and timeliness of information concerning any Underlying Index or component ETF.
BNPP may act in a number of different capacities in relation to the BNPP Momentum 5 Index and/or products linked to the BNPP Momentum 5 Index, which may include, but not be limited to, acting as hedging counterparty, index sponsor and/or index calculation agent.
© BNP Paribas. All rights reserved.