EX-99.3J 6 file005.txt SECOND AMENDMENT TO GENERAL AGENT SALES AGREEMENT SECOND AMENDMENT TO GENERAL AGENT SALES AGREEMENT SECOND AMENDMENT TO GENERAL AGENT SALES AGREEMENT dated as of January 1, 2004 by and between THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES ("Equitable"), a New York stock life insurance company, having offices at 1290 Avenue of the Americas, New York, New York 10104, and AXA NETWORK, LLC, a Delaware limited liability company having offices at 4251 Crums Mill Road, Harrisburg, Pennsylvania 17112 and the AXA Network subsidiaries executing this Agreement below (collectively, the "General Agent"). Equitable and the General Agent hereby modify and amend the General Agent Sales Agreement dated as of January 1, 2000 between them, as previously amended (the "Sales Agreement") to include Equitable Incentive Life COLI '04 (Policy Form Number 03-400 or State Variation) as one of the Products which the General Agent is authorized to distribute pursuant to the Agreement and to establish the compensation due and payable by Equitable to the General Agent in connection with the sale and servicing of COLI '04 as more particularly set forth in the Amended and Restated Schedules 1 of Exhibit A attached hereto and made a part hereof. Except as modified and amended hereby, the Sales Agreement is in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to General Agent Sales Agreement to be duly executed and delivered as of the day and year first above written. THE EQUITABLE LIFE ASSURANCE AXA NETWORK, LLC SOCIETY OF THE UNITED STATES AXA NETWORK OF ALABAMA, LLC AXA NETWORK OF CONNECTICUT, By:_________________________ MAINE AND NEW YORK, LLC Stanley B. Tulin AXA NETWORK INSURANCE Vice Chairman and AGENCY OF MASSACHUSETTS, LLC Chief Financial Officer AXA NETWORK OF PUERTO RICO, INC. AXA NETWORK INSURANCE AGENCY OF TEXAS, INC. By:___________________________ Robert S. Jones President - Retail Division 172811 EXHIBIT A AMENDED AND RESTATED SCHEDULE 1 EFFECTIVE AS OF JANUARY 1, 2004 GENERAL AGENT COMPENSATION FOR LIFE INSURANCE SALES AND SERVICING This Amended and Restated Schedule 1 of Exhibit A is effective as of January 1, 2004 and is attached to and made part of the General Agent Sales Agreement dated January 1, 2000 by and between The Equitable Life Assurance Society of the United States and AXA Network, LLC. Compensation to the General Agent in connection with the sale and servicing of life insurance policies will be calculated on a policy by policy basis. Compensation paid hereunder will be allocated to commissions and expense allowances as the parties may from time to time agree consistent with the provisions of Section 4228 of the New York State Insurance Law. Total compensation to the General Agent in respect of the sale and servicing of each life insurance policy will be a percentage of the premiums received by Equitable in respect of such policy as more particularly set forth in the following tables: Commissions on Variable Life Insurance Products other than COLI `04 Type of Premium Percentage --------------- ---------- First Policy Year Qualifying First Year Premiums up to Target 99.0% Excess Premiums 8.5% Renewals 11.0% Commissions on COLI `04 Type of Premium Percentage --------------- ---------- First Policy Year Qualifying First Year Premiums up to Target 50.0% Excess Premiums 10% Renewals 11.0% Page 1 of 2 172811 EXHIBIT A AMENDED AND RESTATED SCHEDULE 1 EFFECTIVE AS OF JANUARY 1, 2004 (Continued) Commissions on Non-Variable Life Insurance Products Type of Premium Percentage --------------- ---------- First Policy Year Scheduled Premiums 99.0% Qualifying First Year Premiums up to Target 99.0% Excess Premiums 8.5% Renewal Years 8.0% Page 2 of 2 172811