Exhibit10.12 AMENDMENTAND CLARIFICATION TO GIGABLAST PROFESSIONAL SERVICES AGREEMENT

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EX-10.12 4 fs1a4ex10xii_soact.htm AMENDMENT TO GIGABLAST SERVICE AGREEMENT fs1a4ex10xii_soact.htm
 
Exhibit 10.12
 
AMENDMENT AND CLARIFICATION TO GIGABLAST PROFESSIONAL SERVICES AGREEMENT

This Amendment (“July 2009 Amendment”) is entered into on the 24th day of July, 2009 (“Effective Date”) to amend and clarify the “Gigablast Professional Services Agreement” (the “Agreement”) that was made and entered into on January 19, 2009 by and between So Act Network, Inc. (“So Act”) and Gigablast, Inc (“Gigablast”).

Whereas; Gigablast and So Act hereby clarifies the pricing chart listed as an Exhibit to the Gigablast Professional Services Agreement to clearly state that the flat monthly fee for the use of the search engine will not begin to apply until So Act reaches at least one million users accessing the Gigablast network on a daily basis.  The Pricing Chart is amended as follows:

Pricing Chart for Search Engine: (These charges begin after one million users access the Gigablast search engine network)
 
From one million users up
tothis many 25KB
Documents in Index
 (In Millions)
 Max 25KB Pages
Downloaded Per Day
 (In Millions) 
 Max Typical Queries
 Per Day 
 Flat Monthly Fee
 25
1 
4,000,000 
$3,000 
 50
2
4,000,000 
$4,500
 100
4
4,000,000 
$6,750
 200
8
4,000,000 
 $10,125
 500
16 
4,000,000 
 $15,187
 1000
30 
4,000,000 
 $22,781
 2000
50 
4,000,000 
 $34,171
 5000
100 
4,000,000 
$49,257
 
In witness whereof, the parties hereto have executed this Amendment as of the Effective Date.
 
 
Gigablast, Inc.
  
So Act Network, Inc.
     
By: /s/ Matt Wells
  
By: /s/ Greg Halpern
     
Name:   Matt Wells
  
Name: Greg Halpern
     
Title: CEO
  
Title: President