Clarification Letter Agreement between Acclaim Entertainment Ltd. and BAM Entertainment Limited regarding Royalties for Video Game Development

Summary

Acclaim Entertainment Ltd. and BAM Entertainment Limited have agreed to clarify terms from their previous letter of intent dated July 17, 2003. The agreement outlines the development of several video game products, specifying the number of versions (SKUs) for each platform and the minimum guaranteed royalties for each version. Excess royalties are only due if the total minimum guarantee is exceeded. The agreement also specifies that one product, Samurai Jack, will be developed only in English. Both parties have signed to confirm their acceptance of these clarified terms.

EX-10.1.(A) 4 v94442exv10w1wxay.txt EXHIBIT 10.1(A) Exhibit 10.1(a) [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. 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.