AMERICAN ARBITRATION ASSOCIATION

NEW YORK COUNTY, NEW YORK

------------------------------------------------------x

In the Matter of the Arbitration between

VICTORIA FULLER,

Case No. : 13 116 00418 07

Claimant,

-and- PROPOSED AMENDED

CLAIM

INTERVIEW, INC. and

BRANT PUBLICATIONS, INC.,

Respondents.

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Pursuant to the American Arbitration Association’s National Rules for the

Resolution of Employment Disputes, Claimant, Victoria Fuller, by her attorneys,

the Law Offices of Alan J. Rich, LLC, hereby makes the instant Amended Claim,

and alleges as follows:

PARTIES

1. The address of Claimant, Victoria Fuller (“claimant” or “Fuller”), is:

Victoria Fuller

415 Fourth Street, #3

Brooklyn NY 11215

Claimant is represented in this proceeding by her undersigned counsel.

2. The address and telephone number of Respondents are:

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 1 of 28
575 Broadway, 5 Fl.

th

New York, New York 10012

(212) 941-2828

The Respondents are represented by: Peter T. Shapiro, Esq. of:

Lewis Brisbois Bisgaard & Smith LLP

199 Water Street

25th Floor

New York, NY 10038

Tel: (212) 232-1322

Email: pshapiro@lbbslaw.com

FACTS AND CLAIMS

3. Claimant, Victoria Fuller, had been continually employed by

Interview, Inc. since February 14, 1994 until her termination on March 27, 2007.

4. At all times relevant to this claim, claimant was Vice-President and

Associate Publisher.

5. At all times relevant to this claim, Fuller performed her job in a

satisfactory manner.

6. Fuller performed in such an exemplary manner during her 13 year

tenure at Interview that Interview promoted her four times — from Fashion

Manager, to Fashion Director, to Advertising Director, to Associate Publisher and

to Vice President Associate Publisher.

7. No disciplinary actions or other adverse employment actions had

ever been taken by the defendants against plaintiff prior to the unlawful actions

taken by defendants in December 2006 at or about the time that plaintiff

2

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commenced her medical leave.

8. Fuller was responsible for approximately $17 million in revenue

annually and was responsible for managing Interview’s advertising, marketing

and promotion departments.

9. During Claimant’s tenure at Interview, she was directly and

proximately responsible for the expansion of Interview’s advertising revenue

nearly threefold, by among other things, developing new client accounts in the

heretofore underdeveloped sectors of the market and substantially increasing

revenue from certain key accounts that plaintiff was responsible for servicing

personally.

10. Respondent Interview, Inc. was and is the publisher of Interview

Magazine.

Interview Inc., was and is owned by Respondent Brant Publications, Inc.

For purposes of this Claim, Claimant’s employer shall be referred to here as

“Interview.”

11. Fuller was employed pursuant to an Employment Agreement

(“Agreement”) dated August 15, 2002, including schedule 1, as amended by

further agreements dated August 27, 2003, April 1, 2004, inclusive of revised

schedule 3. The Agreement with amendments and schedules are attached hereto

at Exhibit A.

12. Fuller was entitled to compensation pursuant to the Agreement

3

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including a “base salary” and a commission.

13. The base salary was $200,000 pursuant to ¶ 5.1 of the Agreement.

14. The Agreement provided that “[i]n addition to the base

compensation set forth in Paragraph 5.1, above, the Employee shall receive a

commission based on a percentage of net sold advertising sales...”

15. The amount and calculation of the commission in the Agreement of

August 15, 2002, was amended as indicated above.

16. Claimant’s commission for 2006 was $120,215.

17. Interview Magazine’s budget was increased by 7% budget increase

for 2007.

18. Claimant’s annual commissions for the year 2007 based on the

method of calculation used in the prior year, would have been increased

proportionally to $128,630.

19. On December 7, 2006, Fuller commenced a medical leave due to

illness.

20. Fuller remained out of the office due to her medical condition until

March 2, 2007.

21. During claimant’s leave of absence, respondents withheld claimant’s

contractually owed commission.

22. Interview paid Fuller her commission only through December 31,

2006.

4

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23. Interview did not pay Fuller any commission while Fuller was out

on medical leave from January 1, 2007 to March 2, 2007 when she returned to

work.

24. Interview did not pay Fuller any commission for the period from her

return to work on March 2, 2007 through March 27, 2007, when Fuller was

terminated by Interview.

25. Interview was bound to pay Fuller “100% of normal earnings” while

out on her short term medical leave pursuant to the Agreement and company

policy, a copy of which policy is attached at Exhibit “B,” Interview “Schedule of

Salary Continuation Benefits for Full Time Employees.”

26. This was among the benefits afforded to Fuller under law and

pursuant to ¶ 5.3 which provides, “[t]he Employee shall receive medical, dental,

life and disability insurance and other fringe benefits provided to full-time, nonunion employees of the Employer.”

27. On March 14, 2007, respondent sent her a letter stating:

...in the last several weeks we have received evidence

that you have engaged in certain illegal and unethical

conduct in your capacity as Vice President/Associate

Publisher. We have been investigating these matters

and are greatly concerned. Therefore, effective

immediately, you are suspended without pay while our

investigation continues.

At the conclusion of our investigation, we will

determine whether to continue your employment, or to

terminate your employment for Cause and take other

appropriate actions.

See letter attached at Exhibit “C”

5

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28. On March 27, 2007, Interview terminated Fuller. See letter attached

here at Exhibit “C.”

29. Interview continued to refuse to pay Fuller her commissions from

the time Fuller returned to work on March 2, 2007 through March 27, 2007, at

which time Interview terminated Fuller.

BREACH OF CONTRACT:

FAILURE TO PAY COMMISSIONS

30. The above withholding and refusal to pay Fuller’s commissions from

January 1, 2007 to March 27, 2007 breached the Employment Agreement and the

policies and procedures of the employer as incorporated into the terms of

plaintiff’s Employment Agreement.

31. Interview’s failure to pay commissions owed during this 86 day

period, at the 2007 annual commission rate of $128,630 is $30,307.

BREACH OF CONTRACT: WRONGFUL “TERMINATION FOR CAUSE”

32. On March 27, 2007, Interview terminated Fuller’s employment

purporting that claimant was, “terminated for Cause in accordance with Section

6.1 of the Employment Agreement between you and Interview. Inc. dated August

15, 2002. Cause includes, but is not limited to your violations of Sections 6.1 (a)

and (d).” See letter attached here at Exhibit “C.”

33. Section 6.1 (a) provides the right to terminate for cause for, “(a)

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Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 6 of 28
embezzlement, theft, larceny, material fraud, or other acts of material

dishonesty.”

34. Section 6.1 (d) provides the right to terminate for cause for, “gross

insubordination or repeated uncorrected insubordination after written warning

by the company's President or other officer of the company...”

35. At no time did Interview during the course of Fuller’s employment,

during the so-called “investigation” period, during the suspension period, nor at

any time in the termination process, did Interview even notify plaintiff of the

claims of her alleged wrongdoing pursuant to ¶ 6.1 (a) nor did anyone ask Fuller

whether she committed any of the wrongful alleged acts.

36. Interview never asked Fuller a single question about any of the

allegations against her.

37. Neither the President nor any other officer of the company ever

issued a written warning of insubordination to Fuller.

38. It was not until May and June of 2008 in response to Plaintiff’s

Interrogatories in a federal claim, that Interview first stated that the basis for its

claims of “embezzlement, theft, larceny, material fraud, or other acts of material

dishonesty” were Fuller’s allegedly fraudulent expense reports from 2005 and

2006, seeking company reimbursement in the hundreds of dollars for personal

charges, consisting primarily of receipts for taxis and meals.

39. The claimed source of the allegations of wrongdoing were

7

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individuals who previously worked for Fuller who assembled and submitted

Fuller’s allegedly fraudulent expense reports.

40. In effect, the people who were Interview’s sources for Fuller’s

alleged wrongdoing were people who themselves would have committed fraud

against the company by submitting the allegedly false reports on Fuller’s behalf.

41. Subsequent to providing this information, some of these individuals

were hired back by Interview and/or given promotions and salary increases.

42. Fuller did not violate Sections 6.1 (a) and (d) of the contract.

43. Fuller’s expenses were routine, proper and within the norms of

Fuller’s job duties.

44. Fuller’s expenses were appropriate and proper for senior level

executives at Interview.

45. Interview’s routine practice when an expense report was believed to

have errors or included personal items, whether intentionally or not, was to

return the expense report and give the individual the opportunity to remove or

explain the questioned items in a resubmitted expense report.

46. Interview violated its own practice by failing to ever inquire from

Fuller’s about her expense reports, and to give Fuller the opportunity to correct

or resubmit the reports, either contemporaneously when the reports were

submitted in 2005 and 2006 or when Interview launched its “investigation” in or

about March 2007.

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47. Interview’s investigation was launched in or about March 2007, only

after Fuller returned to work from her medical leave.

48. Because of Interview’s breach of the Employment Agreement,

plaintiff is entitled to the benefits she would be entitled to pursuant to ¶ 6.4 for

termination “Without Cause,” which provides for severance in the amount of one

month per year of employment. Fuller was employed for 13 years and was

entitled to 13 months of severance based on a base annual salary rate of $200,000

and the 2007 annual commission in the amount of $128,630. Thirteen months

severance at the above annual salary and commission amounts to $356,016. Fuller

was damaged in the above amounts.

ADDITIONAL BREACHES

49. Interview breached the Employment Agreement with Fuller in other

ways, including but not limited to interfering with Fuller’s ability to perform her

job, by refusing to allow Fuller to carry out any of her job related tasks while on

leave, contrary to the customary practice at Interview.

50. Fuller was forbidden from having contact with Interview employees

or from having contact with Interview’s clients while out on medical leave

contrary to the customary practice at Interview.

51. Pursuant to contract, Fuller was Vice President/Associate Publisher

with all the duties, responsibilities and authority that is incumbent upon such

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title. Interview breached the Agreement by undermining Fuller in her job

responsibilities, undermining her authority and causing her subordinates to do

the same, including by locking Fuller out of her office upon her return to work,

disconnecting her computer and other examples of humiliating behavior,

intended to undermine Fuller and to cause her to resign.

52. Respondents’ above actions constituted material breaches of the

Employment Agreement.

DAMAGES CLAIMS

53. Claimant seeks damages in the above amounts for defendants

breaches of contract and such other damages as are consistent with the facts and

law, that result as a consequence of Respondents’ breaches.

54. Claimant seeks liquidated damages and attorneys’ fees pursuant to

New York Labor Law § 191 ( c) and 198;

55. Further, Claimant seeks interest, attorneys’ fees, costs and

disbursements in the instant claim.

REQUESTED HEARING LOCATION

56. Claimant requests that the hearing location be the New York County

Offices of the American Arbitration Association or such other location in New

York County as may be mutually agreed to by the parties.

10

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 10 of 28
Dated: New York, New York

November 6, 2009

Law Offices of Alan J. Rich, LLC

Attorneys for Claimant

By: ______________________________

Alan J. Rich

26 Court Street

Suite 1801

Brooklyn, New York 11242

Tel: 212-921-2244

Email: ARich@Richlaw.US

11

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 11 of 28
Exhibit “A”

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 12 of 28
EMPLOYMENT AGREEMENT

This Agreement is made as of August 15,2002, by and between INTERVIEW, INC., of 575

Broadway, 5

th Floor, New York, New York 10012 ("Employer"), and VICTORIA FULLER, of

872 Carroll Street, Brooklyn, New York 11215 ("Employee").

WHEREAS, the Employer is engaged in the business of publishing; and

WHEREAS, the Employer desires to retain the services of the Employee in the capacity of its

Associate Publisher.

NOW THEREFORE, IT IS AGREED AS FOLLOWS:

Section 1. Employment. The Employer agtees to employ the Employee full-time and the

Employee agrees to accept the employment described in this Agreement.

Section 2. Duties. The Employee shall serve as Associate Publisher of the Employer, with

such duties as are customarily associated with such position. The Employee's duties shall

I

include being responsible for overseeing the Employer's marketing, promotion, publicity and

I

sales personnel for advertising, meeting with dients, maximizing the Employer's advertising

revenue.

Section 3. Extent of Services. The Employee shall devote her entire working time, attention,

and energies to the performance of her duties and shall not be engaged in any other business

activity, whether or not pursued for gain. The Employee shall at all times faithfully and to the

best of her ability perform her duties under this Agreement. The duties shall be rendered at the

Employer's office in New York, New York, or at such other place or places and at such times as

the needs of the Employer may from time-to-time dictate.

. ,~

Section 4. Term. The term of this Agreement shall begin on August ;(" 2002 ("Effective ~

Date"), and shall be terminable by the Employee upon three months written notice to the V

Employer or immediately in cases of termination by the Employer pursuant to Section 6 below.

If Employee terminates, the Employer shall be.obligated to pay Employee her total compensation

including salary, commission and benefits duri~g the above-referenced ninety-day period so long

I

as Employee continues to De te~dy, willing and able to provide her services for the duration of

the ninety days. This Agreement shall not give the Employee any enforceable right to

employment beyond this term.

Section 5. Compensation.

5.1 Base-Compensation. The Employee will receive a base salary of $200,000 per year,

payable in accordance with the Employer's standard payroll procedures, presently bi-monthly

installments. The Employee is eligible for performance-based bonuses, but there is no assurance

or expectation that bonuses will be paid. Bonuses will be paid; if at all; in the sole discretion of

the company's President.

PAGE I - EMPLOYM~NT AGREEMENT

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 13 of 28
5.2 Commission. In addition to the base compensation set forth in Paragraph 5.1, above, the

Employee shall receive a commission based on a percentage of net sold advertising sales

resulting from the efforts of the Employer's sales representatives, excluding any clients serviced

by Sandra 1. Brant which are not listed on any other salesperson's account list. This commission

(the "Commission") shall be calculated as a variable percentage of the revenue anticipated for

each year's February issue through January issue budget (the "Books Budget"). Each year's

Books Budget and the variable percentage to be applied shall be determined on an annual basis

during the month of November in consultation with the Employee but in the sole discretion of

the Employer. If net sold advertising revenue in a particular year exceeds that year's Books

Budget (excluding that revenue attributable to Sandra Brant), then the Employer shall provide

the Employee with an additional "override commission" calculated at five percent (5%) of the

net sold advertising sales in excess of said Books Budget. If net sold advertising revenue in a

particular year falls short of that year's Books Budget (excluding that revenue attributable to

Sandra Brant), then the Employee shall reimburse the Company at year end for that portion of

the Commission received by the Employee resulting from such unsold advertising for that year.

The Books Budget and variable percentage for February 2002 through January 2003 is attached

hereto as Schedule "1". The Books Budget and variable percentages for subsequent years, if

applicable, shall be later attached to and incorporated into this agreement as consecutively

numbered schedules (the budget and percentages for February 2003 through January 2004 would

be attached as Schedule "2", and so on). The Commission shall be payable as a monthly draw

and reconciled at year end (February). If there are any disputes as to which clients are serviced

by Ms. Brant, the Employer's decision shall control.

5.3 Benefits. The Employee shall receive medical, dental, life and disability insurance and

other fringe benefits provided to full-time, non-union employees of the Employer.

5.4 Expenses. The Employer shall reimburse the Employee for reasonable out-of-pocket

expenses incurred by the Employee in fulfilling her duties. The Employer shall, within its

financial means and constraints, provide the Employee with suitable office facilities, equipment,

supplies, and staff.

Section 6. Termination.

6.1 For Cause. The Employer may terminate the Employee's employment at any time "for

cause" with immediate effect upon delivering written notice to the Employee. For purposes of

this Agreement, "for cause" shall include: (a) embezzlement, theft, Jarceny, material fraud, or

other acts of material dishonesty; (b) conviction of or entrance of a plea of guilty or nolo

contendere to a felony or other crime which has or may have a material adverse effect on the

Employee's ability to carry out her duties under this Agreement or upon the reputation of the

Employer; (c) conduct involving moral turpitUde; (d) gross insubordination or repeated

uncorrected insubordination after written warning by the company's President or other officer of

the company; or (e) material and continuing failure by the Employee to perfonn the duties

described in this Agreement for at least sixty (60) days after written warning by an officer of the

company. Upon termination for cause, the Employer's sole and exclusive obligation will be to

PAGE 2 . EMPLOYMENT AGREEMENT

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 14 of 28
pay the Employee her compensation and commission earned through the date of termination, and

the Employee shall not be entitled to any compensation or commissions after the date of

termination.

6.2 Upon Death. In the event of the Employee's death during the term of the this Agreement,

the Employer's sole and exclusive obligation will be to pay to the Employee's spouse, if living, or

to her estate, if her spouse is not then living, the Employee's compensation and commissions

earned through the date of death.

6.3 Upon Disability. The Employer may terminate the Employee's employment upon the

Employee's total disability. The Employee shall be deemed to be totally disabled if she is unable

to perform her duties under this Agreement by reason of mental or physical illness or accident

for a period of six consecutive months. Upon termination by reason of the Employee's disability,

the Employer's sole and exclusive obligation will be to pay the Employee her compensation and

commissions earned through the date of termination.

6.4 Without Cause. The Employer may terminate the Employee's employment without cause

at any time. If terminated without cause, the Employee shall be entitled to one month's

severance pay for every year that the Employee has been in the hire of the Employer. The salary

upon which the severance is to be calculated shall consist of a base amount of $200,000 plus the

commission earned from advertising revenue based on the issues closed as of the date of

termination for that fiscal year only. For the purposes of this paragraph alone, the Employee's

date of hire shall be deemed February 14, 1994. Ifthe Employee is terminated prior to the end of

the year, the Employee shall receive the entire one-month severance for said partial year. The

severance: shall be paid to Employee over a six -month period in equal monthly installments,

commencing upon the date of termination.

In the event the Company merges, transfers all or substantially all of its stock or transfers

or sells the assets comprising Interview Magazine to a third-party or entity, this shall be

considered a termination "without cause" unless this Agreement shall inure to the benefit of, be

binding upon and be assumed by such resulting or surviving transferee corporation and this

Agreement shall continue in full force and effect and shall entitle Employee and her heirs,

beneficiaries or representatives to the same compensation, benefits, perquisites, payments and

other rights as would have been their entitlement had such consolidation, merger, transfer of

assets or formation of such partnership or joint venture not occurred.

Section 7. Solicitation of Employees / Non--compete

7.1 During the term of this agreement and for a period of two years after the Employee's

employment with the Employer has been terminated by either party, the Employee will not

directly or indirectly induce or attempt to persuade any former, current or future employee,

agent, manager, consultant, director; or other participant in the Rmployer's business to terminate

such employment or other relationship in order to enter into any relationship with the Employee,

any business organization in which the Employee is a participant in any capacity whatsoever, or

any other business organization in competition with the Employer's business.

PAGE 3 - EMPLOYMENT AGREEMENT

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 15 of 28
7.2. During the term of this agreement, the Employee will not directly or indirectly become

involved in advertising sales services for competitive publications (including, but not limited to

entertainment and fashion related publications) and any other similar activities deemed

competitive by the Employer. .

7.3. Indirect Activity. The term "indirectly," as used in Section 7.1 and 7.2 above, ineludes

acting as a paid or unpaid director, officer, agent, representative, employee of, or consultant to

any enterprise, or acting as a proprietor of an enterprise, or holding any direct or indirect

participation in arty enterprise as an owner, pa.rtfier, limited partner, joint venturer, shareholder,

or creditor.

Section 8. Severability. The covenants set forth in this Agreement above shall be construed

as a series of separate covenants, one for each county in each of the states of the United States to

which such restriction applies. If, in any judicial proceeding, a court of competent jurisdiction

shall refuse to enforce any of the separate covenants deemed included in this Agreement, or shall

find that the term or geographic scope of one or more of the separate covenants is unreasonably

broad; the parties shall use their best good faith efforts to attempt to agree on a valid provision

which shall be a reasonable substitute for the invalid provision. The reasonableness of the

substitute provision shall be considered in light of the purpose of the covenants and the

reasonable protectable interests of the Employer and the Employee. The substitute provision

shall be incorporated into this Agreement. If the parties are unable to agree on a substitute

provision, then the invalid or unreasonably broad provision shall be deemed deleted or modified

to the minirtill.fii extent necessary to pennit enforcement.

Section 9. Confidentiality. The Employee acknowledges that she will develop and be

exposed to information that is or will be confidential and proprietary to the Employer. The

information includes customer lists, marketing plans, pricing data, product plans, software, and

other tangible and intangible information. Such information shall be deemed confidential to the

extent not generally known within the trade. The Employee agrees to make use of such

information only in the performance of her duties under this Agreement, to maintain such

information in confidence'and to disclose the information only to persons with a need to know.

Employee agrees to maintain this confidentiality and agrees to not make use of such information

even after she is no longer employed by the Employer.

Section 10. Remedies. The Employee acknowledges that monetary damages would be

inadequate to compensate the Employer for any breach by the Employee of the covenants set

forth in this Agreement The Employee agrees that, in addition to other remedies which may be

available, the Employer shall be entitled to obtain injunctive relief against the threatened breach

of this Agreement or the continuation of any breach, or both, without the necessity of proving

actual damages.

PACE4-E~~LOYMENTAGP~EMENT

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 16 of 28
Section 11. Miscellaneous

11.1 This Agreement is personal to the parties and cannot be assigned or sublicensed by any

act of either party or by operation of law without the other party's prior written consent.

11.2 Notwithstanding where it is signed, this agreement will be governed by and interpreted

under the internal substantive laws of the State of New York and the United States, without

reference to conflicts of laws provisions. The parties hereby consent to, and will not contest, the

exclusive jurisdiction of the courts of the State of New York with respect to all disputes arising

hereunder. Any proceedings, notices and documents served upon either party in accordance with

this Agreement will be deemed to have been properly served upon such party in the State of New

York, and any such service will thereby confer personal jurisdiction upon such party, and each of

the parties hereby waives all objections and defenses as to personal jurisdiction in such

jurisdiction or jurisdictions. All disputes arising hereunder will be adjudicated in the State, City

and County of New York before a single arbitrator pursuant to the commercial arbitration rules

of the American Arbitration Association ("AAA") (other than claims for preliminary injunctive

relief or other pre-judgment remedies); and the prevailing party (plaintiff or defendant) will be

entitled to recover, in addition to any other relief awarded, its reasonable attorneys' fees and

other costs and expenses. If no single arbitrator can be agreed upon by the parties, the

arbitrator(s) will be selected in accordance with the rules of AAA. The arbitrator will be

empowered to order specific perfonnance and injunctive relief.

11.3 This agreement will be binding upon the parties' respective affiliates, employees,

subcontractors, representatives, agents, and authorized assigns.

11.4 The parties are independent of one another, and nothing in this agreement will be deemed

to constitute either the partner, joint venturer, employee, or agent ofthe other. Except as

expressly provided in this agreement or otherwise agreed in writing, neither party will have any

right or power to obligate or bind the other party in any manner.

11.5 Neither this agreement nor any provision hereof will be construed against either party on

the ground that it was drafted by that party. To the maximum extent possible, each provision of

this agreement will be interpreted so as to be valid and effective under all applicable laws. In the

event that any provision is deemed under any applicable law to be prohibited or invalid, that

provision will be deemed ineffective and/or modified to the minimum extent necessary in order

to bring it into compliance with the law consistent with the intent of the parties.

11.6 Except as expressly otherwise provided herein, the expiration or termination of this

agreement will not relieve either party of any obligation or liability that accrues hereunder, nor

affect or impair any right that arises hereunder, prior to such expiration or termination.

11.7 This Agreement cannot be amended, modified or waived except in a written document

signed by the party having the obligation.

PAGE 5 - EMPLOYMENT AGREEMENT

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 17 of 28
11.8 The waiver by either party of any breach of this agreement will not be considered or

operate as a waiver of any prior or subsequent breach.

11.9 This agreement constitutes the entire agreement between the parties, and supersedes all.

previous agreements, understandings and discussions relating to the subject matter hereof.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date

first above written.

INTERVIEW, INC.

~I!i~~

B~: btbor~" b'~$fK';

TItle: '

flU. 'J. P. / ( F0

PAGE 6 - EMPLOYMENT AGREEMENT

--~-~~-----~- -----y

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 18 of 28
SCHEDULE "}"

FEBRUARY 2002 ISSUE THROUGH JANUARY 2003 ISSUE

BOOKS BUDGET 2002:= U.S. $11,895,772 (852 Pages at $13,787 net per page

equaling $11,746,853; plus 20 inserts

at $7,446 net per page equaling

$148,919)

Employee's Commission for the February 2002 issue through the January 2003 issue shall be

calculated at:

1. .40% commission on the first $8,000,000 of revenue;

2. .45% commission on the next $2,250,000 of revenue; and

3. .48% commission on the remaining $1,645,772 of revenue.

PAGE 7 - EMPLOYMENT AG~EMENT

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 19 of 28
August 27,2003

Ms. Victoria Fuller

872 Carroll Street

Brooklyn, New York 11215

Re: Interview. Inc. I Victoria Fuller / Emplovment Agreement

Dear Victoria:

Please refer to the Employment Agreement. dated as of August 15. 2002. between you

and Interview. Inc. (the "Agreement").

This will confirm that Interview and you have agreed to amend the Agreement as

follows:

Section 5.2 includes the sentence "Ifnet sold advertising revenue in a particular year

exceeds that year's Books Budget (excluding that revenue attributable to Sandra Brant),

rhen the Employer shall provide the Employee \o1.:ithan additional "override commission"

calculated at jive percent (5%) of the net sold advertising sales in excess o/said Books

Budget." In that sentence, "five percent (5%)" shall hereinafter be replaced with "one

percent (1%)".

Except as amended herein, the Agreement and all of the terms and conditions thereof

shall remain in full force and effect. Please confirm your acknowledgement and

agreement of this change by signing where indicated below and returning a copy of this

letter to me.

Sincerely,

~{3P~ Deborah Blasucci

Chief Financial Officer

Ackno ge~ and Agreed:

~

Victoria uller

575 BROADWAY NEW YORK, NY 10012 212.941-2900 FAX 212.941.2885

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 20 of 28
April ], 2004

Ms. Victoria Fuller

872 Carroll Street

Brooklyn, New York 11215

Re: Interview, Inc. / Victoria Fuller / Employment Agreement! Second Amendment

Dear Victoria:

Please refer to the Employment Agreement dated as of August 15,2002, between you

and Interview, Inc. (the "Agreement") arid that letter agreement, dated August 27,2003,

between you and Interview, Inc., which amended the Agreement (the "Amendment").

This will confinn that Interview and you have agreed to further amend the Agreement as

follows:

...,;.....

Section 5.2 of the Agreement is hereby replaced in its entirety with the following:

5.2 Commission. In addition to the base compensation setforth in Paragraph 5.1.

above, the Employee shall receive a commission based on a percentage of nef

sold advertising sales resulting p'om the efforts of the Employers sales

representatives, excluding an}' clients serviced by 5;andra J Brant v.:hich are nul

listed on any other salesperson's account list. This commission (the

"Commission 'J shall be calculated as a variable percentage of the revenue

anticipated for each year's February issue through January i~'sue budgel (fhe

"Books Budget"). Each year '.'I Books Budget and the variable percentage to be

applied shall be determined on an annual basis during the month olNovember in

consultation with the Employee hut in the sole discretion of the EmploJ'er

However, commencing li-'iththe Books Budget projected lor the Fehruary 2()(}-/

issue through the January 2005 issue. the Emplo}'ee '.'I total commission shall he

increased or decreased each year by the same percentage which the then current

year '.'I projected Books Budget increases or decreases from the prior years Book

Budget. rr net sold advertising revenue in a particular year exceeds that year 's

Books Budget (excluding that revenue attributable fo Sandra Bram) , then the

Employer shall provide the Employee with an additional "override commission ..

calculated at one percent (1%) of the net sold advertising sales in excess a/said

Books Budget. If net sold advertising revenue in a particular .vearjails short or

that year's Books Budget (excluding that revenue attrihutable to Sandra Brant)

then the Employee shall reimburse the Company at year end for that portion of

575 BIlOADWAY NEW YORK, NY 10012 212-941-2900 FAX 212-941-2885

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 21 of 28
the Commission receired by the Emplover resulLingfrom such unsold advertising

for that year. The Books Budget and variable percentage for FehruarJ ;;O()2

through January 2003 is attached hereto as Schedule "j" The Books Budget and

rariable percenfogesfor subsequent years, if applicable, shall he later aUQched to

and ill(:orporafed into this agreement as consecutively numhered schedules ({he

budget and perce mages for February 2003 through January ;;004 would he

.atTached as Schedule "2 ", and so on). The Commission shall be payable as a

momhly draH}and reconciled at year end (February). {{there are any disputes

as to which clients are serviced by lvls. Bran!, the Employer's dt!cision shall

control

Except as amended herein, the Agreement and all of the terms and conditions thereol'

shall remain in full force and effect. Please confirm your acknov,:ledgement and

agreement of this change by signing where indicated below and returning a copy of this

letter to me.

Sincerely. •

~#~.

Deborah Blasucci

Chief Financial Officer

Acknowledged an;rA reed.: "

, ~ll b ,i. ..' \ 4,1 V

Victoria Fuller Y

I'\.'T \' FulleIA:nendTnc."nt LII

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 22 of 28
REVISED SCHEDULE "3"

FEBRUARY 2004 ISSUE THROUGH JANUARY 2005 ISSUE

BOOKS BUDGET 2004 = U.S. $12,876,816

Employee's Commission for the February 2004 issue through the January 2005 issue

shall be calculated at:

1. .80% commission on the first $8,500.000 of revenue:

2. .85% comrnission on the next $2.700.000 of revenue: and

3. .96% commission on the remaining $1.676.814 of revenue

Override Commission calculated at one percent (1%) of the net sold advertising sales in

excess of said Books Budget

It is understood that Employer shall pay to Employees 85% of such Commission in

monthly installments throughout the year and a reconciliation shall be conducted on or

soon after February 14,2005.

PAGE 1 - EMPLOYMENT AGREEMENT

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 23 of 28
Exhibit “B”

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 24 of 28
P 000110
Exhibit “C”

Case 1:07-cv-05728-RJS-DCF Document 55-21 Filed 07/22/10 Page 26 of 28
During the suspension, you are not to come to the office or engage in Company 

business. You may not contact clients, vendors or employees. 

Please leave your Company Blackberry with Marie Mascaro. You remain subject 

to the terms of the Employment Agreement, including Section 7 (Solicitation of 

Employees/Non-Compete) and Section 9 (Confidentiality), as well as your NonSolicitation and Confidentiality Agreement with tlie Company and its restrictions on the 

use of Brant's Proprietary Information and other Company property. 

Sincerely, 

Deborah Blasilcci 

Executive Vice President/CFO 

575 BROADWAY NEW YORK, NY 10012 212-941-2900 FAX 212-941-2885 
Non-Solicitation and Confidentiality Agreement dated July 27, 2004 and its restrictions on the 

use of Proprietary Information and other Company property. 

All employee benefits are cancelled effective immediatelq. However. in light of 

your doctor's March 12th letter in which he says that you mill be haxxing surgery on March 26 

and further states that "the recovery period will likely be three nlonths." the Company will pay 

the premiums for continuation of your individual medical insurance under COBRA through June 

30. 2007, even though the Company has no obligation to do so under the law. Thereafter. you 

will be required to pa! the premiums if you want to continue these benefits. We enclose 

information for your review about COBRA. 

We wish you a speedy and f~d1 recox.ery. 

Sandra $4 

Enclosure 

575 BROADWAY NEW YORK, NY 10012 212-941-2900 FAX 212-941-2885