May 11, 2009 Patti Hoffman Dear Ms. Hoffman:
Exhibit 10.4.8
May 11, 2009
Xxxxx Xxxxxxx
Dear Xx. Xxxxxxx:
This letter agreement confirms your temporary employment with Xxxxxx Interactive Inc.
(“Xxxxxx”). This is not a permanent employment contract and under no circumstances may it be
construed as such. The following are the terms of your temporary employment:
TITLE. Your position will be Interim Head of Human Resources, reporting to Xxxxxxxx Xxxx,
President and Chief Executive Officer of Xxxxxx Interactive. This appointment does not include any
assurance, obligation, or guarantee of subsequent permanent employment.
DUTIES AND RESPONSIBILITIES. As Interim Head of Human Resources, you shall be responsible for
managing all of the HR functions of Xxxxxx globally, including, without limitation, assisting in
the development of a comprehensive compensation and benefits program for Xxxxxx that addresses both
commissioned and non-commissioned positions, training and recruitment. You agree that the foregoing
list of duties and responsibilities are not exhaustive and may be changed, modified, or increased
at the discretion of Xxxxxx. You will be responsible for performing all assigned duties faithfully,
to the best of your abilities and at a level commensurate with your title. You shall, at all times
abide by the safety rules, regulations and working conditions of Xxxxxx and maintain the highest
standard of professionalism and workmanship in accordance with Xxxxxx’ policies. You are expected
to work a minimum of forty (40) hours per week. You will be required to prepare a weekly time
sheet and you will be remunerated only for time worked.
OFFICE. Your office will be located in Xxxxxx’ Princeton, New Jersey office.
SALARY. In consideration of the services rendered by you as Interim Head of Human Resources,
you will be paid $19,000 per month, prior to any payroll deductions and appropriate taxes, earned
and payable in accordance with Xxxxxx’ normal payroll practices or as otherwise agreed in writing
by you and Xxxxxx.
REIMBURSEABLE EXPENSES. You will be reimbursed only for documented expenses, pre-approved by
Ms. Till, in accordance with Xxxxxx’ expense reimbursement policy.
NO BENEFITS. As a temporary employee, you are not entitled to (among other benefits due
full-time, permanent employees) employer paid health insurance, overtime pay, accident insurance,
disability insurance, retirement, or vacation and sick leave.
TERM. Unless terminated sooner in accordance with this letter agreement, the initial term of
your temporary employment shall be two (2) months, beginning on May 11, 2009 and ending on July 10,
2009 (the “Initial Term”). Your temporary employment may be renewed for subsequent one (1) month
terms (each, a “Renewal Term”) upon written agreement of you and Xxxxxx at least ten (10) days
prior to the end of the Initial Term or any Renewal Term, as applicable.
TERMINATION. Xxxxxx reserves the right to terminate your temporary employment before the end
of the Initial Term or any Renewal Term for (i) failure to complete appropriate documentation, (ii)
misconduct, (iii) unsatisfactory performance, (iv) financial exigency, (v) medical reasons that
prevent you from fulfilling your responsibilities, or (vi) failure to comply with all policies and
procedures of Xxxxxx. Such termination may occur at any time upon written notice delivered to you.
Further, you and Xxxxxx each have the right to terminate your temporary employment before the end
of the Initial Term or any Renewal Term for any reason with ten (10) days prior written notice.
GENERAL PROVISIONS. This letter agreement shall be governed and interpreted under the laws of
the State of New York without reference to principles of conflicts of laws. With respect to all
matters related to this letter agreement, the parties consent to exclusive jurisdiction in the
courts of the State of New York. The parties hereby waive any claim that such courts are an
improper or inconvenient forum. This letter agreement and any written modifications of it
constitute the sole agreement of you and Xxxxxx; any previous written contracts, oral agreements or
understandings in conflict with this letter agreement shall be void; provided, however, you will be
required to sign additional agreements associated with your temporary employment (e.g., a
confidentiality agreement), which shall constitute separate and distinct agreements between you and
Xxxxxx. Any and all modifications of this letter agreement shall be in writing hereon or attached
hereto and signed by both you and Xxxxxx. If any provision herein is, becomes, or is held invalid,
illegal, or unenforceable, such
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provision shall be deemed modified only to the extent necessary to conform with applicable laws so
as to be valid and enforceable. If it cannot be so amended without materially altering the intent
of the parties, it shall be stricken and the remainder of this letter agreement shall remain in
full force and effect and be enforced and construed as if such provision had not been included.
If you are in agreement with the foregoing, please sign and return one copy of this letter
agreement, which thereupon will constitute our understanding with respect to its subject matter.
| Very truly yours, | ||||||
| Xxxxxx Interactive Inc. | ||||||
| By: | /s/ Xxxx X. Xxxxx
|
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| Title: SVP, General Counsel and Secretary | ||||||
Accepted and agreed to: |
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/s/ Xxxxx Xxxxxxx
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