Exhibit 10.34
FIRST AMENDMENT TO E-COMMERCE AGREEMENT
This FIRST AMENDMENT TO E-COMMERCE AGREEMENT made the 25th day of May, 1999
by and between GLOBAL SPORTS INTERACTIVE, INC., a Pennsylvania corporation
("GSI") and XXXXXX'X ATHLEISURE CORPORATION ("Retailer").
WITNESSETH:
WHEREAS, on Xxxxx 0, 0000, XXX and Retailer entered into an E-Commerce
Agreement ("Agreement") pursuant to which GSI agreed to act as the outsourcing
company providing the Retailer's on-line customers the complete e-commerce
shopping experience; and
WHEREAS, GSI and Retailer desire to amend the Agreement, all as hereinafter
set forth.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby,
agree as follows:
1. The Agreement is amended to add the following paragraph 32:
Upon execution of this First Amendment by Retailer, and acceptance
thereof by GSI, prior to the announcement of GSI's e-commerce
initiative, GSI will deliver to Retailer a Warrant to Purchase Shares
of Global Sports, Inc., the parent corporation of GSI, in accordance
with the terms set forth in the Warrant Term Sheet attached hereto as
Exhibit "B".
2. Retailer acknowledges that it is aware that GSI is negotiating with The
Sports Authority, Inc. ("TSA") pursuant to which GSI and TSA will form a
separate joint venture to operate TSA's on-line business. Retailer
acknowledges that the joint venture between GSI and TSA is not the type
of agreement which would entitle Retailer to invoke the "favored
nations" clause contained in the first sentence of Section 3.8 of the
Agreement, and Retailer consents to GSI entering into such joint venture
with TSA.
3. In all other respects, the Agreement shall remain in full force and
affect and unamended.
GLOBAL SPORTS INTERACTIVE, INC.,
a Pennsylvania corporation
/s/ Xxxxxxx X. Xxxxx
_____________________________________ BY: _________________________________
ATTEST
XXXXXX'X ATHLEISURE CORPORATION
/s/ Xxxxxxxx Xxxxx
_____________________________________ BY: _________________________________
ATTEST
