REX ETF Trust 485BPOS

Exhibit 99.(h)(7)

 

Sub-License Agreement

 

This Sub-license Agreement (the “Sub-license Agreement”), dated as of October 9, 2026, is made by and among REX ETF Trust (the “Trust”), on behalf of its series (each, an “ETF”) and REX Shares, LLC (“REX”).

W I T N E S S E T H :

WHEREAS, pursuant to the Master Index License Agreement between VettaFi LLC (“VettaFi”) and REX and the applicable Order Schedule(s) thereto between (collectively, the “License Agreement”), REX obtained a license to use certain VettaFi indices (the “Indexes”) and marks (the “Marks”) to create, issue, trade, sell, distribute, market and/or promote certain financial products;

 

WHEREAS, the License Agreement permits REX to sublicense the rights granted to it to use the Indices and Marks to the Trust for use by one or more ETFs;

 

WHEREAS, the Trust wishes to obtain the right to utilize the Indexes and Marks wishes to create, issue, trade, sell, distribute, market and/or promote one or more ETFs;

 

WHEREAS, REX wishes to sublicense such right to the Trust;

 

NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the parties hereto agree as follows:

        

1.Grant of Sublicense. Subject to the terms and conditions of this Sub-license Agreement, REX hereby grants to the Trust a sublicense to use the applicable Indexes and Marks in the manner set forth in, and subject to the terms of, the License Agreement. The Trust shall have no right to grant a sublicense to or to share use of the Indexes or Marks with any other person or entity.

 

2.Termination. This Sub-license Agreement shall terminate if (a) the License Agreement terminates, or (b) with respect to a particular ETF if REX or an affiliate of REX ceases to serve as the investment adviser to such ETF. REX shall notify the Trust as soon as reasonably practicable of the occurrence of an event described in (a) above. Upon termination of this Sub-license Agreement, the Trust’s right to use the applicable Indexes and Marks shall terminate immediately. 

 

3.Assignment. The Trust may not make, or purport to make, any assignment or other transfer of this Sub-license Agreement. REX may assign its rights and obligations under this Sub-license Agreement effective upon the giving of written notice to the Trust.

 

4.Amendment. No provision of this Sub-license Agreement may be waived, altered, or amended except by written agreement of the parties.

 

5.Entire Agreement. This Sub-license Agreement and the License Agreement constitute the entire agreement between the parties hereto with respect to the subject matter hereof.

IN WITNESS WHEREOF, the parties hereto have executed this Sub-license Agreement as of the date first set forth above.

 

REX Shares, LLC

  

By: /s/ Scott Acheychek  
Name: Scott Acheychek
Title: President

 

REX ETF Trust

 

By: /s/ Gregory Collett  
Name: Gregory Collett
Title: Secretary