Ernie Kim

Marketing Transformation Executive

20+ years of management consulting and advertising

agency experience specializing in tech, data and

analytics-driven marketing transformation

m

6510 Kathleen Court, Garland TX 75044

linkedin.com/in/erniekim

WORK EXPERIENCE

03/2018 – 02/2019

Global Head of Internal Consulting (retired)

General Motors

Detroit, MI

Leading $1.7B in value creation through enterprise

transformations including marketing and sales

01/2017 – 12/2017

Chief Marketing Officer (part-time)

Leadz (A Martech Startup)

Dallas, TX

Responsible for both user and advertiser acquisition

Co-lead raising funds

01/2017 – 02/2018

Managing Partner, Marketing Transformation

KPM & Company (acquired)

Dallas, TX / Johannesburg, RSA

Spun off from Booz & Company after PwC acquisition

Manage marketing transformation practice globally

Responsible for North America and APAC

04/2015 – 02/2018

Principal - Marketing Transformation

Booz & Company (acquired by PwC)

Dallas, TX

Led and grew marketing transformation practice through client

and intellectual property development

Developed market-leading marketing transformation practice

and grew to $xx mil

03/2011 – 01/2015

Head of ASEAN Products Sales & Marketing

(CRM) Transformation / Head of ASEAN Retail

Practice

Accenture

Singapore, Singapore

Took over a declining ASEAN retail practice and grew at an

annualized rate of 49%

Started ASEAN Products OG CRM Transformation practice and

grew to $xxx mil practice

Managed 6 countries: Singapore, Indonesia, Malaysia, Thailand,

Vietnam and the Philippines.

05/1999 – 03/2011

Notable Previous Roles

<>

Various

Senior Vice President/Chief Analytics Officer, MMA (Marketing

Management Analytics)

Vice President (Strategic Business Analysis)/ Director (Strategy &

Analytics): Omnicom (Targetbase / Interbrand)

Associate Director - Director, Data Strategy and Insights: GroupM,

a WPP company

Consultant - Senior Associate: Booz Allen Hamilton

SKILLS & COMPETENCIES

Brand Strategy Marketing Analytics B2B / B2C

Branded Customer Experience Consumer Insights

CRM Marketing & Sales Integration Digital Strategy

Marketing Automation

ACHIEVEMENTS

Helped clients reach $7b, $2.4b, $1.1b and $0.9b revenue

from $3.8b, $0.6b, $0.3b and $0.1b respectively

$61m, $77m, $136m and $255m improvements in operating

efficiencies

$44m, $80m and $132m cost reductions through marketing

transformations

46%, 53% and 171% increase in market share through brand

strategy-led enterprise transformation

16 clients with successful turn-arounds brands

57 clients achieved top-line / bottom-line targets

49 successful transformation projects

Interim Chief Marketing Officer for a $1b client (2017)

Interim Chief Marketing Officer for a $3.8b client (2015)

Interim Head of Marketing for a $3.3b client (2013)

Interim Head of Marketing Analytics for a $2.2b client (2012)

LANGUAGES

English

Fluent

Spanish

Beginner

Indonesian Bahasa

Beginner

Korean

Fluent

EDUCATION

MA/PhD (ABD) , Economics (Health Economics, Applied

Econometrics and International Economics), City University of

New York - Graduate Center (PhD Consortium with Columbia

University, Fordham University, NYU, and New School) -

05/2005

BA, Economics, Rutgers University (Full Scholarship) - 05/1999

Tasks /Achievements

Achievements/Tasks

Achievements/Tasks

Tasks/Achievements

Tasks/Achievements

Positions

Giddy-00109

Case 1:20-cv-00434-DAE-ML Document 66-5 Filed 08/12/21 Page 1 of 31
Giddy Holdings, Inc.

1114 East Cesar Chavez Street Austin, TX 78702

512.952.0440

February 17, 2020 

Ernie Kim 

Via Email

Erniekim@gmail.com 

Dear Ernie,

Congratulations! Giddy Holdings, Inc. (“Giddy”) is pleased to offer you the position of Chief 

Marketing Officer, a full-time position based in our Austin office. This letter will set forth the 

details of your employment with Giddy. Please read it carefully, and sign and date below. 

1. Salary and Reporting

In your role, you will be reporting directly to Brett Jacobson, CEO (unless or until Giddy’s 

reporting structure changes). Your start date will be on or before Monday, March 2, 2020. You 

will receive an annual salary of $200,000, paid bi-weekly, every other Friday, in the amount of 

$7,692.30 as earned, less applicable tax withholding and paid in accordance with Giddy’s normal 

payroll procedures. 

2. Bonus

In addition to your base compensation, employees in good standing will receive a quarterly 

bonus (“Quarterly Bonus”) equal to 0.4% of Giddy’s gross revenue minus the direct cost of 

goods and shipping. A Quarterly Bonus will be paid along with your second March paycheck, 

based on sales revenue from December 1st through February 28th. Another Quarterly Bonus will 

be paid along with your second June paycheck, based on sales revenue from March 1st through 

May 31st. Another Quarterly Bonus will be paid along with your second September paycheck, 

based on sales revenue from June 1st to August 31st. A final Quarterly Bonus will be paid along 

with your second December paycheck, based on sales revenue from September 1st through 

November 30th. Additionally, you will receive an annual bonus (“Annual Bonus”) equal to 0.4% 

of Giddy’s gross revenue minus the direct cost of goods and shipping. The Annual Bonus will be 

paid along with your first January paycheck. In calculating any Quarterly or Annual Bonuses, 

revenue will be determined based on funds received by Giddy, which have cleared our company 

bank account. 

A few further notes regarding Bonuses: (1) Employee will be eligible for bonuses the first day of 

work. Should the Employee fail to begin work the Company will not be eligible for any Bonus. 

(2) If your employment is terminated by Giddy, you will remain eligible for a Quarterly Bonus

for that particular Quarter during which your employment was ended, so long as the payment

date of the Quarterly Bonus for which you are eligible (see the paragraph above) is within 45

calendar days of the date of your termination (the “Grace Period”). (3) If your employment is

DocuSign Envelope ID: 82AE9B6C-C24E-4B4E-8C62-684BF8308C4C

KIM 027 of 046

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Giddy Holdings, Inc.

1114 East Cesar Chavez Street Austin, TX 78702

512.952.0440

terminated by Giddy, you will remain eligible for an Annual Bonus for the year during which 

your employment

was ended, so long as the payment date of the Annual Bonus for which you are eligible is within 

45 calendar days of the date of your termination (the “Grace Period”). 

Finally, in the event Giddy is acquired while you are employed by the Company, you will 

receive a 0.4% Acquisition Bonus based on the purchase price of the Company minus any 

outstanding debt. This Acquisition Bonus will be paid out by Giddy within fifteen (15) days of 

receipt of funds (the “Payment Date”). If you terminate your employment with Giddy, or your 

employment is terminated by Giddy, you will remain eligible for an Acquisition Bonus, so long 

as (1) the Acquisition agreement was executed prior to you terminating your employment with 

Giddy or your employment being terminated by Giddy, and (2) the payment date of the 

Acquisition Bonus is within 30 calendar days of the date of your termination (the “Grace 

Period”).

3. Benefits

The details and stipulations of all of Giddy’s benefits can be found in the Company Handbook, 

which you will be provided once your employment begins. Please read these materials carefully 

as the list below is intended only as a brief outline. As a regular full-time employee, you are 

entitled to the following benefits. For more information, please consult Human Resources.

▪ Paid Time Off – Total of up to 20 Days Per Year

▪ Six (6) paid holidays 

▪ Two (2) paid floating holidays

▪ Up to twelve (12) paid Personal Time Off (PTO) days, which are earned ratably per pay 

period. PTO accruals begin upon hire and can be used once accrued.

▪ Employee will be able to take off 5 business days in April which will not be deducted

from his PTO. 

▪ Medical and dental insurance becomes effective the first day of the month following the first 

full calendar month of employment. Giddy covers 100% of the base Silver PPO Plan for the 

employee, their spouse and dependents. Employees may elect to buy a different plan, and 

additional premiums will be deducted from their paychecks on a pre-tax basis.

▪ Gym Membership – Up to $100 per month maximum for the employee only.

An example of your annualized compensation, less applicable tax withholding and waiting 

periods, is outlined below:

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KIM 028 of 046

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Giddy Holdings, Inc.

1114 East Cesar Chavez Street Austin, TX 78702

512.952.0440

Annualized Salary: $200,000

Annualized Healthcare Contribution* $17,100 ($475 per employee, $475 per 

spouse and $475 for 1 to 9 children per 

month

Projected Q2, Q3 & Q4 2020 and Q1

2021 Annualized Quarterly Bonuses* $1,191,976

Accrued Annual Bonuses

aforementioned Quarters* $1,191,976

Total: $2,601,052*

*The aforementioned calculation represent an estimate and not guaranteed. 

4. At-Will Employment

Your employment here is “at-will” which means that either you or Giddy may terminate the 

employment relationship at any time and for any reason whatsoever, so long as it is not 

prohibited by law. Additionally, the terms of your employment may be modified with or without 

cause or prior notice, including your title, compensation, benefits and/or reporting structure, as 

well as Giddy’s personnel policies and procedures. The “at will” nature of your employment 

may only be changed in a document signed by both Brett Jacobson, CEO, and you. 

All new employees at Giddy are subject to an introductory period of 90 days. During this period, 

you will have the opportunity to learn about the position and the company. Likewise, Giddy will 

use this period to determine whether or not you are a good fit for the position. Introductory 

periods may be extended for legitimate business reasons, performance reasons, or because of 

approved absences taken by you during the period. Please note that during the introductory 

period, as well as the entire course of your employment, you will be an at-will employee, so 

employment is not guaranteed for either the entire 90 days of the introductory period or any 

period thereafter.

5. General

Like all of Giddy’s employees, you will be required to sign your new hire paperwork within 72 

hours of the beginning date of your employment. Our offer is contingent upon receipt of 

documentary evidence of your identity and eligibility to work in the United States, as well as the 

completion of a satisfactory reference check. Otherwise, our employment relationship with you 

DocuSign Envelope ID: 82AE9B6C-C24E-4B4E-8C62-684BF8308C4C

KIM 029 of 046

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Giddy Holdings, Inc.

1114 East Cesar Chavez Street Austin, TX 78702

512.952.0440

may be terminated. You will also be required to complete an I-9 form and provide the 

appropriate identification necessary to complete the form. Attached is a list of acceptable 

documents. You will need to bring an item from list A, or one item from list B AND C on your 

first day. If you do not bring in proper identification, you will not be able to work.

Please confirm your acceptance of these terms by returning a signed copy of this letter to Human 

Resources by the close of business on Tuesday, February 18, 2020. An original will be provided 

as part of your new hire paperwork. This letter, along with your new hire paperwork, sets forth 

the terms of your employment with Giddy. Therefore, this agreement supersedes any prior 

representations or agreements between you and Giddy, whether written or oral. This agreement 

may not be modified or amended except by a written agreement signed by Brett Jacobson, CEO,

and you.

If you have any Human Resources questions, please call Human Resources at 512.856.5509.

We are very excited about the prospect of you joining our team, and we look forward to the 

addition of your professionalism and experience to help Giddy achieve its goals.

Very truly yours,

Brett Jacobson

CEO

Giddy Holdings, Inc.

Agreed: ___________________________________ Date: 

Ernie Kim

DocuSign Envelope ID: 82AE9B6C-C24E-4B4E-8C62-684BF8308C4C

2/20/2020

KIM 030 of 046

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Giddy Holdings, Inc.

1114 East Cesar Chavez Street Austin, TX 78702

512.952.0440

DocuSign Envelope ID: 82AE9B6C-C24E-4B4E-8C62-684BF8308C4C

KIM 031 of 046

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