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EXHIBIT 10.7
AMENDMENT NO. 3 TO
NETCENTER SERVICES AGREEMENT
NO. 004327-3
This Amendment No. 3 ("Amendment") is entered into by and between Netscape
Communications Corporation, a Delaware corporation, with principal offices at
000 X. Xxxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx 00000 ("Netscape"), and
Excite, Inc., a company organized under the laws of California, with principal
offices at 000 Xxxxxxxx, Xxxxxxx Xxxx, XX 00000 ("Excite") and effective as of
the date of execution by Netscape ("Amendment Effective Date").
WHEREAS, the parties have entered into a Netcenter Services Agreement effective
April 29, 1998, as amended (the "Agreement"); and
WHEREAS, the parties wish to modify and supplement the provisions of the
Agreement;
NOW, THEREFORE, the parties, in consideration of the terms and conditions
herein, agree as follows:
1. Section 3 of Exhibit B (Payment Terms) of the Agreement shall be amended in
its entirety as follows:
"3. Payment. Excite agrees that Netscape will earn as Netscape Revenue
* per quarter. Amounts, once earned as Netscape Revenue, will no be
available to offset amounts payable by Excite to Netscape in future
periods. In addition, once Excite generates Revenue up to the point at
which * % of Revenue in year one plus * % of Revenue in year two
equals $ * million, Excite shall pay to Netscape * % of the Revenue,
commencing from such date through the Term. Excite agrees to pay all
Traffic Payments."
In no event may this Amendment obligate Excite to pay additional amounts to
Netscape, nor may this Amendment results in an acceleration of any payments as
compared to the payments that would have been due under the terms of the
Agreement.
2. Capitalized terms defined in the Agreement shall have the same meaning in
this Amendment as in the Agreement.
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* Confidential Treatment has been requested with respect to certain portions of
this exhibit. Confidential portions have been omitted from the public filing and
filed separately with the Securities and Exchange Commission.
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3. Except as explicitly modified, all terms, conditions and provisions of the
Agreement shall continue in full force and effect.
4. In the event of any inconsistency or conflict between the Agreement and
this Amendment, the terms, conditions and provisions of this Amendment
shall govern and control.
5. This Amendment and the Agreement constitute the entire and exclusive
agreement between the parties with respect to this subject matter. All
previous discussions and agreements with respect to this subject matter are
superseded by the Agreement and this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their duly authorized representative, effective as of the Amendment Effective
Date.
NETSCAPE COMMUNICATIONS EXCITE, INC.
CORPORATION
By: /s/ Xxxxxx Xxxxxx By: /s/ Xxxxxx X. Xxxx
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Signature Signature
Name: Xxxxxx Xxxxxx Name: Xxxxxx X. Xxxx
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Print or Type Print of Type
Title: SVP Finance and Corporate Title: EVP-CFO
Controller
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Date: 7-31-98 Date: 7-31-98
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