EMPLOYMENT AGREEMENT

EMPLOYMENT AGREEMENT

EMPLOYMENT AGREEMENT (this “Employment Agreement”), dated as of May 15, 2008, by and between TheStreet.com, Inc., a Delaware corporation (the “Company” or “TheStreet.com”), and Teresa Santos (“Santos”).

WHEREAS, the Company desires that Santos enter into this Employment Agreement, and Santos desires to enter into this Employment Agreement, on the terms and conditions set forth herein;

The Company agrees to employ Santos, and Santos agrees to be so employed, in the position of General Counsel and Secretary of the Company and Santos agrees to perform such duties, functions and responsibilities as are generally incident to such position, reporting to and subject to the direction of the Chief Executive Officer or Chief Financial Officer, for a period commencing on May 15, 2008 (the “Commencement Date”) and ending on May 14, 2009 , unless sooner terminated in accordance with Section 4 hereof and shall be renewed automatically for an additional one-year period unless the Company or Santos gives notice to the other party hereto not less than ninety (90) days prior to May 14, 2009 of its or her election not to renew the Employment Agreement, in which event the Employment Agreement shall terminate on such date. The period of employment under this Employment Agreement, as renewed or earlier terminated pursuant to Section 4 below, shall be referred to in this Employment Agreement as the “Term”. Santos agrees to perform faithfully the duties assigned to her pursuant to this Employment Agreement to the best of her abilities and to devote all of her business time and attention to the Company’s business. Santos shall be subject to all laws, rules, regulations and policies as are from time to time applicable to employees of the Company including TheStreet.com’s Policy on Investments, and will be required to comply fully with the provisions of all written supervisory procedures and other relevant securities and disciplinary policies relevant to his position with the Company.

(a) Annual Salary . As compensation for her services hereunder, during the Term the Company shall pay to Santos a salary of Two Hundred and Ten Thousand Dollars ($210,000) per annum, payable in accordance with the Company’s standard payroll policies, and less all applicable federal, state and local withholding taxes (the “Annual Salary”). The Annual Salary shall be reviewed at least annually during the Term, and may be increased in the sole discretion of the Company’s Chief Executive Officer and the Compensation Committee of the Company’s Board of Directors (the

“Board”), taking into consideration both the Company’s and Santos’s performance during the preceding year.

(b) Bonus . Except as set forth in Section 4 hereof, in addition to the Annual Salary, Santos shall be entitled to receive additional annual bonus compensation, payable at year end or shortly thereafter, which may be cash and/or equity compensation, for her employment during the Term and any renewal terms (the “Annual Bonus”). The Annual Bonus will be based upon pre-established individual performance goals, as approved by the appropriate members of management and commensurate with your position, as approved by the Committee with meaningful input on all goals from the Chief Executive Officer and the Chief Financial Officer. The target level for the Annual Bonus will be 35% of the Annual Salary.

(c) In addition to the Annual Salary and the Annual Bonus, Santos may, in the discretion of the Compensation Committee of the Company’s Board of Directors, be granted awards under the 2007 Performance Incentive Plan (the “Plan”) on an annual or other basis as compensation for the performance of her services hereunder. Additionally, all Equity Award Agreements will contain a clause providing that upon the occurrence of a Change of Control (as defined in the Plan) prior to the termination of Santos’s employment hereunder for any reason, fifty percent (50%) of the then unvested portion of the outstanding equity awards will immediately become vested.

During the Term, Santos shall be eligible to participate in any group insurance, accident, sickness and hospitalization insurance, and any other employee benefit plans of the Company in effect during the Term and available to the Company’s executive officers, and Santos shall have the right to reimbursement, upon proper accounting, of reasonable expenses and disbursements incurred by her in the course of his duties hereunder. In addition, Santos shall be entitled to accrue fifteen (15) days of paid vacation in 2008 and nineteen (19) days of paid vacation in 2009.

(a) At any time during the Term, and except as otherwise provided in Sections 4(b) and 4(c) hereof, the Company shall only have the right to terminate this Employment Agreement and Santos’s employment with the Company hereunder, upon written notice to Santos, in the event Santos engages in conduct which constitutes “Cause.” For purposes of this Employment Agreement, Cause shall mean (i) Santos’s willful misconduct or gross negligence in the performance of her obligations under this Employment Agreement, (ii) dishonesty or misappropriation by Santos relating to the Company or any of its funds, properties, or other assets, (iii) inexcusable repeated or prolonged absence from work by Santos (other than as a result of, or in connection with,

a disability), (iv) any unauthorized disclosure by Santos of confidential or proprietary information of the Company, which is reasonably likely to result in material harm to the Company, (v) a conviction of Santos (including entry of a guilty or nolo contendere plea) involving fraud, dishonesty, moral turpitude, or involving a violation of federal or state securities laws, or (vi) the failure by Santos to perform faithfully her duties hereunder or other breach by Santos of this Employment Agreement and such failure or breach is not cured, to the extent cure is possible, by Santos within thirty (30) days after receipt of written notice thereof from the Company to Santos. If this Employment Agreement and Santos’s employment with the Company hereunder is terminated for Cause, or if Santos voluntarily resigns from the Company without Good Reason, during the Term, the Company shall pay Santos an amount equal to all earned but unpaid portions of the Annual Salary and unused vacation days through the date of termination, and following any such termination, Santos shall not be entitled to receive any other compensation or benefits from the Company hereunder.

(b) This Employment Agreement and Santos’s employment with the Company hereunder may also be terminated by the Company without Cause, or by Santos upon the occurrence of an event constituting Good Reason. For purposes of this Employment Agreement, “Good Reason” shall mean (i) the failure of the Company to cure a material adverse change made by it in Santos’s functions, duties, or responsibilities in her positions with the Company as provided in this Employment Agreement, or (ii) a reduction in the Annual Salary during the Term, or (iii) the failure of the Company to cure any other material breach of this Employment Agreement, or (iv) in connection with the occurrence of a Change of Control, there is a significant reduction of Santos’s authority, duties or responsibilities relative to her authority, duties or responsibilities in effect immediately prior to such reduction; provided , however , that the foregoing provision shall not include a reduction in duties or responsibilities solely by virtue of the Company being acquired and made part of a larger entity (as, for example, if Santos is not appointed as General Counsel and Secretary of the acquiring corporation, but continues to have a substantially similar level of responsibility over the affairs of the Company following such Change of Control), or (v) Santos’s relocation by the Company or a successor thereto to a location more than fifty (50) miles from either the Company’s current headquarters or Santos’s home address, provided that , in the case of (i), (ii), or (iii) above, the Company has failed to cure the event constituting Good Reason within thirty (30) days following written notice thereof from Santos.

In the event that Santos’s employment is terminated by the Company without Cause, or by Santos with Good Reason, then the Company shall pay or provide to Santos, as her sole and exclusive remedy hereunder, upon delivery by Santos to the Company of a customary release, (A) an amount equal to all earned but unpaid portions of the Annual Salary and unused vacation days through the date of termination, (B) group life, disability, sickness, hospitalization and accident insurance benefits equivalent to those to which Santos would have been entitled if she had continued working for the Company for an additional twelve (12) month period, and (C) the Annual Salary to the

same extent to which Santos would have been entitled if she had continued working for the Company for an additional twelve (12) month period.

The benefits continuation and salary payments provided for above shall be contingent upon Santos’s continued compliance with Sections 5 and 6 hereof, and shall be reduced by the corresponding benefits amounts and amounts of cash compensation and any publicly traded or freely tradable securities compensation (including, without limitation, securities that will become freely tradable after a restrictive or vesting period) actually received by Santos after the date of termination. Additionally, the benefits continuation provided for in (B) above shall terminate upon Santos’s becoming eligible for corresponding benefits in connection with new employment. Except as set forth above, Santos shall not be entitled to receive any other compensation or benefits from the Company hereunder.

(c) This Employment Agreement and Santos’s employment with the Company hereunder shall terminate immediately and automaticall