Exhibit 10.2(b)
Portions of this Exhibit have been omitted pursuant to a request
for
confidential treatment filed with the Securities and Exchange
Commission. The
omissions have been indicated by asterisks ("*****"), and the
omitted text has
been filed separately with the Securities and Exchange
Commission.
Time/Warner
Retail
Sales & Marketing
260 Cherry Hill Road, Parsippany, NJ 07054
AMENDMENT
This Amendment, dated as of January 9, 2008, and to be effective as
of January
20, 2009 (the "Effective Date"), shall confirm the understanding
between
Time/Warner Retail Sales & Marketing Inc. (f/k/a Warner
Publisher Services
Inc.), a New York corporation ("Warner"), and Playboy Enterprises,
Inc., a
Delaware corporation ("Publisher"), that the distribution agreement
dated
January 1, 2006 and amended as of January 31, 2006 (as amended, the
"Agreement")
is hereby amended as follows:
Sub-Paragraph 1(f): "Warner's Commission"
Sub-Paragraph 1(f) of the Agreement shall be deleted in its
entirety and
replaced with the following sentence:
""Warner's Commission" shall mean a sum equal to ***** of the Cover
Price of the
Net Sales."
Sub-Paragraph 1(g): "Minimum Fee"
Sub-Paragraph 1(g) of the Agreement shall be deleted in its
entirety and
replaced with the following:
"[INTENTIONALLY LEFT BLANK]".
Sub-Paragraph 1(m): "Term"
Sub-Paragraph 1(m)(i) of the Agreement shall be deleted in its
entirety and
replaced with the following:
<PAGE>
""Term" shall mean the three (3)
year period commencing on January 20,
2009 and terminating on January 20,
2012; provided, however, that either
party may terminate this agreement
at any time, for any reason, effective
on or after January 20, 2010 (such
effective date of the termination, the
"Termination Date"), provided that
such terminating party provides written
notice to the other party at least
ninety (90) days prior to the
Termination Date."
The phrase "1(m)(i)," shall be added immediately after the word
"subparagraphs"
and immediately before the phrase "14.b.," on the fourth line of
clause 1(m)(v)
of the Agreement.
Sub-Paragraph 1(m)(iv) of the Agreement shall be deleted in its
entirety and
replaced with the following:
"[INTENTIONALLY LEFT BLANK]".
Sub-Paragraph 3(g): "The Publisher Agrees"
The following words shall be added immediately after the word
"arrangements" and
immediately before the "," on the second line of Sub-Paragraph 3(g)
of the
Agreement:
"that may impact Warner's billing
and collection under this agreement".
Sub-Paragraph 6(b): "Credit to Wholesale Distributors"
The word "Customer" on the second line of Sub-Paragraph 6(b) of the
Agreement
shall be deleted in its entirety and replaced with the word
"Wholesaler".
Paragraph 7: "Warner Agrees"
Sub-Paragraph 7(e) shall be deleted in its entirety and replaced
with the
following:
"To designate an employee as a
non-exclusive marketing manager for
Publisher's Publication(s) and to
designate such employee of Warner to
coordinate all distribution relating
to Publisher's Publication(s); it
&nbs
