Offer Letter to William Mitchell



 Exhibit 10.36 

 
 



 
 Offer of Employment 
 August 2, 2010 
 Mr. Bill Mitchell 

9203 Dayflower Street 
 Prospect, KY 40059

 Dear Bill, 
 On behalf of
Dunkin’ Brands, Inc. (the “Company”), I am pleased to offer you employment on the terms set forth below. 
 This offer of
employment is contingent upon the satisfactory completion of: 
  

	 	•	 	 a background screening, 


  

	 	•	 	 reference checks regarding your past employment, 



 

	 	•	 	 satisfactory completion of all legal documents including non-competition and intellectual property protection documents, and



  

	 	•	 	 documented release from all binding non-competition agreements (Dunkin’ Brands, Inc. reserves the right to verify, status of agreements and
releases). 


 Position 
 You will serve in a full-time capacity as Vice President, Baskin Robbins, US, reporting directly to myself. 
 Start Date 
 Your anticipated start date is on or about August 2, 2010. 

 Cash Compensation 

Base Salary 
 You will be paid a bi-weekly
salary of $11,538.47 which is equivalent to $300,000.00 on an annual basis, payable in accordance with Dunkin’ Brands’ standard payroll practices for salaried employees. 
 Your base salary will be reviewed annually, based on market competitiveness and performance, and may be adjusted at that time. 
 Short-Term Incentive 
 In addition to your base salary, you will be eligible to participate
in the Dunkin’ Brands’ Executive Short-Term Incentive (STI) Plan with a target of 40% of your annual salary. The actual percentage of your Short-Term Incentive will be paid on a prorated basis based upon days employed during the 2010 Plan
year, as well as Dunkin’ Brands’ overall performance, your individual job performance, your ability to meet established goals and objectives, and the terms of the plan as they exist at any given time. A participation letter as well as a
plan document, which explains the program in detail, will be provided to you at a later date. 

  
 



 








 Long-Term Incentive 
 You will be eligible to participate in the Dunkin’ Brands’ 2006 Executive Incentive Plan. You will be recommended for a grant of 300,000 Stock Options on Shares at the current value as of the
date of the grant. This grant is subject to approval of the Board of Directors at the first grant meeting following your first day of employment. A Stock Option Grant containing the terms and conditions of this grant and a plan document that governs
the Plan will be provided to you at a later date. 
 Other Compensation 
 Flexible Perquisites Allowance 
 You will be entitled to a flexible perquisites allowance of
$13,858 per annum paid bi-weekly ($533.00). 
 Signing Bonus 
 You will receive a signing bonus in the amount of $25,000 (less required payroll taxes). This bonus will be provided upon the start of your employment with the Company. 

Should you leave Dunkin’ Brands voluntarily, or be terminated for cause within the first 12 months of your employment, you will be required to
reimburse Dunkin’ Brands for the full bonus amount. After 12 months of active employment, the sign on bonus will be considered earned. 

Benefits 
 Dunkin’ Brands offers an
attractive benefits program. Upon election, medical and dental coverage is effective the first of the month following your start date. Most company-paid benefits are effective upon hire. Employee elected benefit contributions are handled via payroll
deduction. 
 Insurance 
 You
will be eligible for medical, dental and disability coverage and various life insurance programs. Details are attached. 
 Retirement

 Dunkin’ Brands will provide you with the opportunity to participate in the Company’s 401(k) plan for retirement savings.

 Deferred Compensation 
 You
will be eligible to participate in the 2010 Non-Qualified Deferred Compensation Plan. The plan provides an opportunity for pre-tax savings to assist you in accumulating assets for planned events during your working life and retirement. Details are
attached. 







 Vacation 
 You will begin eligible to accrue vacation at a rate of 3 weeks per year as of your first day of employment with the company. 
 Proof of Right to Work 
 For purposes of federal immigration law, you will be required to
provide to Dunkin’ Brands documentary evidence of your identity and eligibility for employment in the United States within (3) business days of your date of hire. 
 Period of Employment 
 Your employment with Dunkin’ Brands will be “at will”,
meaning that this offer of employment does not constitute a contract of employment. If employed, you may elect to resign at any time and Dunkin’ Brands may elect to terminate your employment at any time for any reason. 

Severance 
 In the event of your
termination by Dunkin’ Brands for something other than “cause”, you will be eligible for severance equal to 6 months of your then-current base compensation, conditioned on the return of a full release of claims by you.
“Cause” means fraud; material neglect (other than as a result of illness or disability) of your duties to Dunkin’ Brands; conduct that is not in the best interest of, or injurious to, Dunkin Brands; acts of dishonesty in connection
with the performance of your duties; or conviction of a felony or crime involving falsehood or moral turpitude. 
 Without our receipt of the
full release of claims, you will not be entitled to the aforementioned severance, which is in lieu of and replaces the Dunkin’ Brands’ Severance Program generally applicable to eligible Dunkin’ Brands employees. 

Code of Conduct/Non-Compete 
 Before you
make your decision regarding this position, you should carefully review the attached Code of Conduct that you will be required to adhere to once employed by Dunkin’ Brands. As set forth in the conflict of interest section, you will be expected
to devote your full-time and attention to Dunkin’ Brands and not be actively involved in any other business. 
 While you are employed by
Dunkin’ Brands, the Company (Dunkin’ Brands, Inc.) will not utilize the services of any business in which you have held an ownership interest. Further, you will have to recuse yourself from any hiring decision involving an employee or
former employee of a business in which you have held an ownership interest. 
 Consistent with other senior executives, you will be asked to
sign a Non-Compete Agreement with the Company. That document will be provided to you under separate cover. 
 Entire Agreement

 This offer of employment contains all of the terms of your employment with Dunkin’ Brands, Inc. and supersedes any prior
understandings or agreements, whether oral or written, between you and Dunkin’ Brands. 







 Term 
 This offer will expire at 5:00PM on August 4, 2010. 
 We hope that you find the foregoing
terms acceptable. You may indicate your agreement with these terms and accept this offer by signing and dating the enclosed letter and returning it to me. We look forward to your decision to join Dunkin’ Brands. 

Sincerely, 
  

					
	 /s/ Nigel Travis

	Nigel Travis
	Chief Executive Officer
	Dunkin’ Brands, Inc.
	
	I ACCEPT THE ABOVE OFFER OF EMPLOYMENT:


									
					
	 /s/ Bill Mitchell
	 		  	4-2-10	 		 	
	Bill Mitchell	 		  	Date	 		 	

  

	cc:	Christine Deputy 


	    	Personnel File