EMPLOYMENT AGREEMENTEmployment Agreement • July 5th, 2005 • Digital River Inc /De • Wholesale-computers & peripheral equipment & software • Minnesota
This Employment Agreement (“Agreement”), the Release attached as Schedule A hereto (“the Release”), the Nonsolicitation Agreement attached hereto as Schedule B (the “Nonsolicitation Agreement”) and the Noncompetition Agreement attached as Schedule C hereto (the “Noncompetition Agreement”) are entered into between Digital River, Inc., including its affiliates, predecessors, successors, officers, directors, assigns, employees, stockholders, attorneys and agents (collectively “Digital River”), and Carter D. Hicks (“Mr. Hicks”). Notwithstanding any other provision of this Agreement, this Agreement shall not be effective until the Release has become effective and enforceable. Mr. Hicks and Digital River are sometimes referenced collectively as the “Parties” to this Agreement.
Employment Offer Letter between Digital River, Inc. and Thomas M. Donnelly.Employment Agreement • July 5th, 2005 • Digital River Inc /De • Wholesale-computers & peripheral equipment & software
On behalf of Digital River, Inc., we are pleased to extend to you this offer to become the Chief Financial Officer of Digital River, effective July 1, 2005. This offer is contingent upon your ability to accept the position without violating any non-compete or other related legal agreements, signing required documents including Proprietary Information and Non-Compete agreements, satisfactory reference checks and background check, proof of your ability to work in the United States and compliance with all other legal requirements.
