Employment Agreement - BriteSmile Inc. and Cheryl Sullivan Lester
BriteSmile Walnut Creek Office 101 Ygnacio Valley Road Walnut Creek, CA 94596 Tel: 925-906-1900 Fax: 925-906-1919 REVISED July 10, 1998 Ms. Cheryl Sullivan Lester 6224 Viewcrest Drive Oakland, CA 94619 Dear Cheryl, It is my pleasure to offer you employment with BriteSmile. The specifics of this offer are detailed below. Title: Vice President, Center Marketing and Advertising. Reporting: This position reports to Linda Oubre, President, BriteSmile Center Division. Responsibilities: Develops and executed marketing strategies for launch of teeth whitening centers. Manages branding, agency relationships, advertising placement, and medial relations in center markets. Directs consumer research activities. Manages marketing activities for laser eye and other center concepts as they are implemented. Base Salary: Annual base salary of $120,000. Incentive Plan: An incentive bonus plan will be developed and agreed upon no later than September 30, 1998. This incentive will consist of a minimum annual target of 10% of base salary and will be based on short-term and long-term company goals for center launches, budgeted income and cash flow, and procedure volume. Stock Options: Options to buy shares of BriteSmile will be granted. The options incentive plan will be comparable with those paid to individuals of similar level in the company. Benefits: You will receive employee benefits including vacation according <PAGE> to BriteSmile Company policy. Start Date: Your start date will be August 5, 1998. Sole Endeavor: BriteSmile shall be your sole endeavor. Any patents, licenses, or business ideas related to BriteSmile's business generated during the terms of your employment will be owned by BriteSmile. At Will Employment: Your employment is considered at will employment which can be terminated at any time. If employment is terminated "without cause" ("cause" is defined as business dishonesty or any conduct involving moral turpitude) then you will be entitled to severance pay according to BriteSmile company policy. We have a very exciting time in front of us, and I look forward to you being a part of the team that "makes it happen". Please acknowledge your acceptance of this offer by signing and dating below. Let me know if you have any questions. Sincerely, /s/ Linda S. Oubre Linda S. Oubre President, Center Division BriteSmile Accepted /s/ Cheryl S. Lester Date 7/10/98 ------------------------------------------- ------------------------------- cc: Tony Pilaro Michael Bonner Carol Lewis