1
EXHIBIT 10.6
AMENDMENT NO. 2 TO
NETCENTER SERVICES AGREEMENT
No: 004327-2
This Amendment No. 2 (the "Amendment") is entered into by Netscape
Communications Corporation, a Delaware corporation, with its principal offices
at 000 X. Xxxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx 00000 ("Netscape"), and
Excite, Inc., a California corporation, with principal offices at 000 Xxxxxxxx,
Xxxxxxx Xxxx, XX 00000 ("Licensee") and effective as of the date of execution by
Netscape ("Effective Date").
WHEREAS, the parties have entered into a Netcenter Services Agreement effective
April 29, 1998 (the "Agreement");
WHEREAS, the parties have entered into Amendment No. 1 to the Netcenter Services
Agreement effective as of May 26, 1998 ("Amendment No. 1");
WHEREAS, the parties wish to modify and supplement the provisions of such
Agreement;
NOW, THEREFORE, the parties, in consideration of the terms and conditions
herein, agree as follows:
The parties agree to amend EXHIBIT G entitled Channel Allocation. The first
paragraph of EXHIBIT G shall be amended in its entirety as follows:
"Both parties agree to use their best efforts to have the following
Netscape Channels and Excite Co-Branded Channels up within 60 days
after the Effective Date. The Launch Date shall occur on the first to
occur of: (i) upon such date as the parties mutually agree, or (ii)
the date when the following Channels are up:
Netscape Channels: Small Business; Business News; Travel and
Careers.
Excite Co-Branded Channels: Games, Autos Shopping, Lifestyles and
one of Real Estate, Auctions or Education, as such additional
Co-Branded Channel shall be mutually agreed.
The remaining Co-Branded Channels will be implemented within 6 weeks of the
initial Launch Date or upon such date as the parties mutually agree. Excite
shall use reasonable commercial efforts to launch the Interim Channels
within 6 weeks of the Launch Date. Excite shall commit to providing at
least four dedicated people to help achieve a timely launch and maintenance
of the Service.
The Netscape Branded Search Service shall also be launched on July 1, 1998
or upon such date as the parties mutually agree."
2
2. Capitalized terms defined in the Agreement and Amendment No. 1 shall
have the same meaning in this Amendment as in the Agreement and
Amendment No. 1.
3. Except as explicitly modified, all terms, conditions and provisions of
the Agreement and Amendment No. 1 shall continue in full force and
effect.
4. In the event of any inconsistency or conflict between the Agreement,
Amendment No.1 and this Amendment, the terms, conditions and
provisions of this Amendment shall govern and control.
5. The Agreement, Amendment No. 1 and this Amendment 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,
Amendment No. 1 and this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their duly authorized representatives, effective as of the Effective Date.
NETSCAPE COMMUNICATIONS EXCITE, INC.
CORPORATION
By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxx Xxxxxxxxxx
---------------------------- ----------------------------
Signature Signature
Name: XXXXXX X. XXXXXX Name: XXXXX XXXXXXXXXX
--------------------------- ---------------------------
Print or Type Name Print or Type Name
Title: Senior Vice President, Title: Executive Vice President
Finance and Corporate
Controller
--------------------------- ---------------------------
Date: 6/11/98 Date: June 9, 1998
--------------------------- ---------------------------
Effective Date
