CONFIDENTIAL TREATMENT REQUESTED
EXHIBIT 10.69
DuPont Nutrition & Health
Xxxxxx'x Mill, Barley Mill Plaza
P.O. Box 80038
Wilmington, DE 19880-0038
[DuPont Logo]
DuPont Nutrution & Health
January 28, 1999
WebMD, Inc.
400 The Lenox Building
0000 Xxxxxxxxx Xxxx, XX
Xxxxxxx, XX 00000
Attn: Xx. Xxxx Xxxxxx
Dear Sirs:
WEBMD SUBSCRIPTIONS AGREEMENT
-----------------------------
Further to our recent discussions we set out below the terms upon which we have
agreed that E. I. du Pont de Nemours and Company ("DuPont") shall purchase
subscriptions to WebMD's internet service.
1. DuPont will purchase *** annual subscriptions to WebMD's Basic Service, as
defined in WebMD's Terms of Service, ("the Subscriptions") commencing 1st
March, 1999;
2. The consideration for the purchase of the Subscriptions shall be the sum of
$***, payable as set out in paragraph 4 below;
3. DuPont shall be responsible for selecting the physicians who shall receive
the Subscriptions and shall notify WebMD accordingly in writing;
4. The fees for the Subscriptions referred to in paragraph 1 above shall be
payable in monthly installments at the end of each calendar month of
service. WebMD shall address all invoices to: E. I. du Pont de Nemours and
Company, Beaumont Accounts Payable, PO Box 4908, Beaumont, Texas 77704.
Invoices shall refer to the DuPont Purchase Order number (which shall be
notified to WebMD in writing before commencement of the Subscriptions) and
shall be payable on a net 30 day basis;
________________
*** Omitted pursuant to a request for confidential treatment and filed
separately with the Commission.
5. In the event that WebMD discontinues its service, no further subscription
fees shall be payable by DuPont hereunder;
6. The existing Confidentiality Agreement between DuPont and WebMD shall apply
to the terms of this letter agreement;
7. This letter agreement shall be governed by the substantive law of the state
of Delaware, without reference to its conflicts of law rules or principles.
Please sign and return the enclosed copy of this letter indicating your
acceptance of its terms.
Sincerely,
/s/ Xxxxxx X. Xxxxxxxx
Xxxxxx X. Xxxxxxxx
Vice President and General Manager
DuPont Nutrition and Health
The above terms are agreed for and on behalf of WebMD, Inc.
/s/ X. Xxxxxxx Xxxxxx
------------------------------------
Name: X. Xxxxxxx Xxxxxx
Date: 1/28/99
2
