Exhibit 10.66
AMENDMENT TWO
This Amendment ("Amendment") is entered into as of June 15, 2002 between
FUNIMATION PRODUCTIONS, LTD., a Texas limited partnership having its registered
office at 0000 XX Xxxx 000, Xxxxx 000, Xxxx Xxxxx, Xxxxx 00000 U.S.A.
("Licensor") and Infogrames, Inc., a Delaware corporation having its principal
offices at 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 ("Licensee").
W I T N E S S E T H:
WHEREAS, Licensor and Licensee entered into a Sublicense Agreement dated
October 27, 1999, in full force and effect as of the date hereof (the
"Agreement"); and
WHEREAS, both Licensee and Licensor are in agreement with respect to the
terms and conditions upon which to enter into this Amendment to amend the
Agreement;
NOW, THEREFORE, in consideration of the promises and agreements set forth
herein, the parties, each intending to be legally bound, do hereby agree as
follows:
1. The definition of Licensed Products shall include the two (2) games (based
on the Property and/or the Film) for the Game Boy Advance platform Licensee has
released and which are available for purchase by the public as of the date of
this Amendment.
(a) Dragonball Z: Collectible Card Game (hereafter referred to as
Licensed Product item #4); and
(b) Dragonball Z: The Legacy of Goku (hereafter referred to as Licensed
Product item #5)
2. For clarity, Licensed Product item #2 is an unreleased (as of the date of
this Amendment) interactive game based on the Property and/or the Film for the
Color Game Boy platform.
3. The definition of Licensed Products shall include the certain interactive
fighting/RPG game for the Playstation 2 platform which is currently being
developed by Licensee in conjunction with Bandai (Licensed Product item #6). The
parties expressly understand that Licensed Product item #6 is subject to the
approval of Toei and to the approval process of Licensor in accordance with the
Agreement.
4. With respect to Licensed Product items #2, #3, #4, and #5, all necessary
advances have already been paid to Licensor. With respect to Licensed Product
item #6, Licensee shall, upon execution of this Amendment, pay to Licensor the
amount of one hundred thousand dollars ($100,000) as a recoupable advance on
future royalties from Licensed Products 1-6. Such advance shall be
non-refundable, except if Toei does not grant final approval of Product #6
pursuant to Paragraph 3 hereof. In such event, the advance shall be paid back to
Licensee within five business days of Toei's non-approval of Licensed Product
#6.
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5. Licensed Product items 4-6 shall have a Royalty Rate of 7.5% of Net Sales,
unless sold FOB a location outside the Licensed Territory, in which case such
items shall have a Royalty Rate of 9.5% of Net Sales.
Except as amended herein, all of the other terms and conditions of the Agreement
shall be in full force and effect. In the event of any inconsistency,
incongruity or conflict, the terms and conditions of this document shall
prevail.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have each caused to be affixed hereto its or his/her hand and seal the
day indicated.
LICENSOR:
FUNIMATION PRODUCTIONS, LTD.,
a Texas limited partnership
By: /s/ Xxxxxx X. Xxxxxxx
--------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Director of Licensing
LICENSEE:
Infogrames, Inc.
a Delaware corporation
By: /s/ Xxxx Xxxxx
--------------------------
Name: Xxxx Xxxxx
------------------------
Title: Sr. Vice President
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