EXHIBIT 99.1
AMENDMENT NO.1
TO
ORIGINAL DESIGN MANUFACTURER AGREEMENT
THIS AMENDMENT NO. 1 TO ORIGINAL MANUFACTURER AGREEMENT ("Amendment"), dated as
of January ____, 2000, is executed between TRIGEM COMPUTER, INC., a Korean
corporation whose principal office is located at TriGem Computer Bldg., 00-0
Xxxxx-xxxx, Xxxxxxxxxxxx-xx, Xxxxx 000-000, Xxxxx ("Original Design
Manufacturer" or "ODM") and EMACHINES, INC., a Delaware corporation whose
principal office is located at 00000 Xxxxxx Xxxx, Xxxx. 000, Xxxxxx, Xxxxxxxxxx
00000-0000, X.X.X. ("EMACHINES"). ODM and EMACHINES shall be referred
collectively as "Parties" or individually as "Party."
RECITALS
WHEREAS, ODM and EMACHINES have entered into the Original Design Manufacturer
Agreement, dated January 24, 2000 ("Agreement"); and
WHEREAS, ODM and EMACHINES desire to amend the terms of the Agreement.
NOW, THEREFORE, in consideration of the mutual premises and covenants contained
hereinbelow, the Parties agree as follows:
1. Section 3.8, Line 19: The rate "3.5%" shall be amended to "7.0%" and
renegotiated every six months.
2. Section 8.5, Lines 2 and 6: The term "cumulative return rate" shall be
amended to "cumulative defect rate".
3. All other provisions in the Agreement not amended herein shall remain
effective between the Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed
by a representative thereunto duly authorized as of the date first hereinabove
set forth.
TRIGEM COMPUTER, INC. EMACHINES, INC.
By: /s/ X.X. XXX By: /s/ XXXXXXX XXXXXX
--------------------------- ------------------------------
Name: Name: Xxxxxxx Xxxxxx
Title: Title: CEO
4. With respect to the support program, if TriGem intends to sell Emachines
refurbished computers in the US. It will coordinate and guarantee against
customer confusion, tech support costs and rebate confusion.
