EMPLOYMENT AGREEMENT, dated as of January 1, 2004 (the “Employment Agreement”), by and between
TheStreet.com, Inc., a Delaware corporation (the “Company” or “TheStreet.com”), and Thomas J. Clarke, Jr. (“Clarke”).
WHEREAS, the Company desires that Clarke enter into this Employment Agreement, and Clarke desires to enter
into this Employment Agreement, on the terms and conditions set forth herein; and
NOW THEREFORE, the parties hereto agree as follows:
Section 1. Duties; Term.
The Company agrees to employ Clarke, and Clarke agrees to be so employed, in the position of Chairman and Chief
Executive Officer of the Company, and Clarke agrees to perform such duties, functions and responsibilities as are generally
incident to such positions, for a period commencing on January 1, 2004 and ending on December 31, 2005, unless sooner
terminated in accordance with Section 4 hereof (the “Term”). Clarke agrees to perform faithfully the duties assigned to him
pursuant to this Employment Agreement to the best of his abilities and to devote all of his business time and attention to the
Company’s business. Clarke shall be subject to all laws, rules, regulations and policies as are from time to time applicable to
employees of the Company, including TheStreet.com’s Policy on Investments.
Section 2. Compensation.
(a) Annual Salary . As compensation for his services hereunder, during the Term the Company shall pay to Clarke
a salary of Three Hundred and Fifty-Six Thousand Dollars ($356,000) per annum, payable in accordance with the Company’s
standard payroll policies, and less all applicable federal, state and local withholding taxes (the “Annual Salary”). The Annual
Salary shall be reviewed at least annually during the Term, and may be increased in the sole discretion of the Compensation
Committee of the Company’s Board of Directors (the “Board”), taking into consideration both the Company’s and Clarke’s
performance during the preceding year.
(b) Bonus . Except