2. Advertising Department Terms and Conditions

a. Performance Management Guidelines -- Paragraph 5 of the January 30, 2003 side letter relative to “Outside Advertising Salespersons” will be changed to provide as follows: “The Globe may terminate any employee classified as an “Outside Advertising Salesperson”, regardless of hire date or pay structure, for failure to achieve or maintain reasonable, written minimum sales goals as may be established by the Globe from time to time in accordance with this paragraph. (i) For all Tier II outside salespersons and those who become part of the bargaining unit as a result of boston.com integration termination may result only if such Salesperson has received a prior oral warning and, if sales goals remain unmet after 45 calendar days from such warning has received a written warning. A written record will be made of all verbal warnings under this paragraph. The Salesperson will have at least 30 calendar days after receiving such written warning to meet such minimum goals prior to being subject to discharge. (ii) For all Tier I Outside Salespersons termination may result only if such salesperson has received a prior oral warning and, if sales goals remain unmet after 60 calendar days from such warning, has received a written warning. The Salesperson will have at least 30 days after receiving such written warning to meet such sales goals prior to being subject to a second written warning. Failure to meet sales goals after thirty additional days may result in termination. A written record will be made of all verbal warnings under this paragraph.

The failure to achieve or maintain reasonable written minimum sales goals, subject to the progressive discipline outlined above, will constitute just cause for dismissal, and the provisions of Article III, Section 2 shall not apply to such discipline. “Reasonable sales goals” may include, but not be limited to, revenue goals, number of new advertisers, presentation skills, and other measurable indicators of sales performance. The Globe will inform the Union 30 days prior to the implementation or change in a performance management program under this section, except that no change may be made which would shorten the periods between steps of discipline as described herein. This provision may be implemented immediately upon ratification but no discharge of a Tier I salesperson (“a grandfathered salesperson”) will occur prior to January 1, 2007.

In the event that 1) the Globe subcontracts the outside sales function [currently performed by boston.com employees as described in Section 1(a), “Scope of Agreement”] at any time prior to July 1, 2007; and 2) that subcontracting results in the downsizing of the integrated boston.com outside salespersons and/or support persons as listed on Exhibit A (or their successors) to less than 17 salespersons/support persons, this section of this side letter only shall re-open to discuss what changes, if any, should be made to this section as it applies to the Tier I salespersons only.

Discipline for reasons other than failure to maintain reasonable sales goals shall be administered pursuant to Article III, Section 2.