THIS AGREEMENT (“Agreement”) is effective as of the 16th day of April, 2007, by and between
JAMES R. MCMURPHY , an individual resident of the State of Georgia (“Employee”), and INNOTRAC
CORPORATION , a Georgia corporation (the “Employer”).
W I T N E S S E T H:
WHEREAS, Employee previously entered into an Employment Agreement with the Employer dated
December 10, 2001, which has expired by its terms; and
WHEREAS, the parties hereto desire to enter into an agreement for the Employer’s continued
employment of Employee on the terms and conditions contained herein; and
WHEREAS, this Employment Agreement supersedes any prior employment agreement or promises
between Employer and Employee regarding the terms of Employee’s employment; and
NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements
contained herein, the parties hereto, intending to be legally bound, hereby agree as follows:
Section 1. Employment .
Subject to the terms hereof, the Employer hereby employs Employee, and Employee hereby accepts
such employment. Employee will serve as Senior Vice President or in such other executive capacity as the Board
of Directors of Employer (the “Board of Directors”) may hereafter from time to time determine. Employee agrees
to devote his full business time and best efforts to the performance of the duties that Employer may assign
Employee from time to time.
Section 2. Term of Employment .
The term of Employee's employment (the “Term”) shall continue from the date hereof until the earlier of
(a) December 31, 2009, provided that this date shall automatically extend until December 31, 2010 and until
each December 31 thereafter, unless either the Employer or the Employee provides written notice of non-renewal
to the other party no later than the September 30 th prior to the upcoming December 31 st expiration date, or (b)
the occurrence of any of the following events:
The death or total disabilit