EXHIBIT 4.1
TO: Xx. Xxxxxxxxx Xxxxxxx ("Xxxxxxx")
and
Data Strategies International, Inc. ("DSI")
DATE: March 18, 2004
SUBJECT: TERMINATION AND SHARE TRANSFER AGREEMENT ("Agreement")
This notice contains certain important information associated with the formal
termination and separation from Front Porch Digital Inc. ("FPDI") and the formal
termination of services for, FPDI. Your respective signatures are evidence of
your respective acceptance of this Agreement.
DELIVERY OF SHARES TO XXXXXXX: In consideration and satisfaction in full of all
past employment and/or consulting compensation for services Xxxxxxx performed
for FPDI and any and all unpaid salary or vacation pay owing to Xxxxxxx by FPDI
on the date hereof, FPDI will issue Xxxxxxx 1,433,334 shares of freely tradable,
unrestricted common stock of FPDI (based upon an agreed price of fifteen cents
($0.15) per share) within ten (10) business days of the earlier to occur of (a)
the date of execution of this Agreement, or (b) the date of execution of that
certain Compromise Settlement Agreement ("CSA") entered into by and among FPDI,
Xxxxxxx, DSI, and others.
DELIVERY OF SHARES TO DSI: In consideration and satisfaction in full of all past
consulting compensation for services DSI performed for FPDI and any and all
unpaid salary or vacation pay owing to DSI by FPDI on the date hereof, FPDI will
issue DSI 400,000 shares of freely tradable, unrestricted common stock of FPDI
(based upon an agreed price of fifteen cents ($0.15) per share) within ten (10)
days of the earlier to occur of (a) the date of execution of this Agreement., or
(b) the date of execution of the CSA.
COMPANY PROPERTY: Xxxxxxx and DSI are required to return all FPDI property,
including files, documents, computer software, remote computer access tokens,
company credit cards, company telephone codes, building or equipment keys and
any other equipment. If Xxxxxxx or DSI subscribed to any Internet on-line
services, such as newsletters or other updates, Xxxxxxx and DSI are responsible
for canceling said subscriptions. If Xxxxxxx or DSI discover any FPDI property
in their possession in the future, please promptly return it to Human Resources.
[REMAINDER OF XXXX LEFT BLANK INTENTIONALLY.]
Signatures:
FRONT PORCH DIGITAL, INC.
/s/ Xxxxxxx Xxxxxxx March 31, 2004
------------------------------------- ---------------------
Xxxxxxx Xxxxxxx, CEO Date
XX. XXXXXXXXX XXXXXXX
/s/ Xxxxxxxxx Xxxxxxx March 19, 2004
-------------------------------------------- ---------------------
Xx. Xxxxxxxxx Xxxxxxx Date
DATA STRATEGIES INTERNATIONAL, INC.
By:/s/ Xxxxxx Xxxxxxx March 19, 2004
----------------------------------------- ---------------------
Name: Xxxxxx Xxxxxxx Date
Title: President
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