TO: XXXX XXXXXX DECEMBER 30, 1994
FROM: XXXXXX X. XXXXXX
REF: INDEPENDENT SALES REPRESENTATIVE AGREEMENT dated 28 MARCH
1990 FIRST AMENDMENT to the above document dated MARCH 1,
1991 specifically: AMENDMENT "A", II. B.
RE: ADJUSTMENT OF THE SPECIFIED MINIMUM MONTHLY PETROLEUM FEE
and the implementation of shared revenue from ALTERNET
delivery of message traffic.
1) Effective March 1, 1995, the MINIMUM MONTHLY PETROLEUM FEE will be increased
from the current figure of $44.00 per unit per month to $50.00 per unit per
month. This amount will remain in place until the next adjustment date of March
1, 1997.
2) Effective April 1, 1995 DTN is projected to have recovered initial
developmental, implementation, overhead, and operational costs for the
telephone-based system known as ALTERNET. With the understanding that DTN
retains full rights to recover further expansion, development, overhead, and
operational costs as they may occur in the future, DTN will undertake the
inclusion of Revenues, less the above-referenced expenses and less direct phone
line or VAN expenses, into the general pool of funds subject to our revenue
sharing agreement. Under this agreement, Xx. Xxxxxx will receive 40% of these
revenues.
The determination of all amounts and all appropriateness of allocations for
recoverable expenses relating to Alternet operations is solely at the discretion
of DTN, and my be changed at any time by DTN, and my be changed at any time by
DTN according to the then-existing situation. Changes to the expense withholding
amount from Alternet gross revenues are not tied to the two-year cycle as is
item #1 above.
By way of reference, DTN's budgeting projections would indicate that the ongoing
expense level on a month-to-month basis will be in the range of $5,000 per
month. This includes operations, implementation of upgrades, and overhead
allocations. It does not include further hardware for additional expansion of
the system beyond that which will be paid for by April 1, 1995.
3) All other terms, including various letters of understanding, remain unchanged
other than as amended herein.
ACKNOWLEDGED ON THIS DATE
/s/ Xxxxxx X. Xxxxxx /s/ Xxxx Xxxxxx
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Xxxxxx X. Xxxxxx Xxxx Xxxxxx
Senior Vice President Independent Sales Representative
Data Transmission Network Corp. DTNergy
Date Date
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