EXHIBIT 10.33
XXXxXXXX.xxx, Inc.
00 Xxxxx Xxxxx #000
Xxxxxxxx, Xxxxxxxxxx 00000
February 2, 2000
PETsMART, Inc.
00000 X. 00xx Xxxxxx
Xxxxxxx, Xxxxxxx 00000
Ladies and Gentlemen:
This letter confirms that the Trademark License Agreement (the
"Agreement") between PETsMART, Inc. and XXXxXXXX.xxx, Inc., dated as of May 12,
1999, is hereby modified as follows:
The term "retail mass merchandiser or specialty pet supply retailer"
Section 4.2(c) of the Agreement shall be deemed to mean only (in each case,
regardless of when such entity acquires beneficial ownership, direct or
indirect, of 15% or more of the then outstanding common stock equivalents or
voting power of Licensee):
(1) a land-based retail mass merchandiser or land-based or online specialty
pet supply retailer (a "Primary Competitor"); and
(2) an online retail mass merchandiser that owns a controlling interest in
or has a material marketing, fulfilment, financial or similar strategic
relationship with a Primary Competitor.
Notwithstanding any other provision of the Agreement, such term shall
not include PETsMART, Inc. or any of its existing or future affiliates.
Except as expressly modified hereby, the Agreement shall remain in
full force and effect.
Sincerely,
XXXxXXXX.xxx, Inc.
/s/ Xxx XxXxxxxx
---------------------------------
Xxx XxXxxxxx, Jr.
Chief Executive Officer
AGREED TO AND ACCEPTED:
PETsMART, INC.
/s/ Xxxxxx X. Xxxxxxx
----------------------------
Name: Xxxxxx X. Xxxxxxx
Title: President and CEO
