Distribution Agreement - BAM! Entertainment Ltd. and Acclaim Entertainment Ltd.
[Confidential Portions Omitted] Acclaim Entertainment Ltd. Moreau House 112-120 Brompton Road London SW3 1JJ September 30, 2003 BAM Entertainment Limited Upper Borough Court Borough Wells Bath BA1 1RG RE ACCLAIM ENTERTAINMENT INC. -W- BAM ENTERTAINMENT LIMITED Gentlemen: We would like to clarify a number of provisions of the letter of intent entered into between our companies dated July 17, 2003. Specifically: 1. Wallace and Gromit PS2 - This product will be developed as 3 SKU's with associated minimum guaranteed royalties on each SKU payable as follows: a. PAL English $ [*] b. PAL German $ [*] c. PAL French, Italian, German, Spanish $ [*] Excess royalties are only payable once the total minimum guarantee is exceeded. 2. Wallace and Gromit XBox - This product will be developed as 2 SKU's with associated minimum guaranteed royalties on each SKU payable as follows: a. PAL English $ [*] b. PAL French, Italian, German, Spanish $ [*] Excess royalties are only payable once the total minimum guarantee is exceeded. ________________ *Confidential portion omitted and filed separately with the Commission. <PAGE> 3. Wallace and Gromit Gamecube - This product will be developed as 2 SKU's with associated minimum guaranteed royalties on each SKU payable as follows: a. PAL English $ [*] b. PAL French, Italian, German, Spanish $ [*] Excess royalties are only payable once the $[*] total minimum guarantee is exceeded. 4. Samarai Jack - This product will be developed as an English language Version only. Sincerely Acclaim Entertainment Limited By /s/ Simon Hosken ---------------- Agreed and Accepted BAM Entertainment Limited By /s/ Stephen Ambler ---------------------- ________________ *Confidential portion omitted and filed separately with the Commission.