Classmates.com 2010 Annual Report Download - page 230

you within ninety (90) days after the Plan Administrator receives the application, unless special circumstances require an extension of time, in
which case, the Plan Administrator has up to an additional ninety (90) days for processing the application. If an extension of time for processing
is required, written notice of the extension will be furnished to you before the end of the initial ninety (90) day period. This notice of extension
will describe the special circumstances necessitating the additional time and the date by which the Plan Administrator is to render its decision on
the application. If written notice of denial of the application for benefits is not furnished within the specified time, the application shall be
deemed to be denied. You will then be permitted to appeal the denial in accordance with the review procedure described below.
3. Request for Review. If your application for benefits is denied (or deemed denied), in whole or in part, you (or your
authorized representative) may appeal the denial by submitting a request for a review to the Chief Personnel Officer of the Company within sixty
(60) days after the application is denied (or deemed denied). The Plan Administrator will give you (or your representative) an opportunity to
review pertinent documents in preparing a request for a review. A request for a review shall be in writing. A request for review must set forth
all of the grounds on which it is based, all facts in support of the request and any other matters that you feel are pertinent. The Plan
Administrator may require you to submit additional facts, documents or other material as it may find necessary or appropriate in making its
review.
4. Decision on Review . The Plan Administrator will act on each request for review within sixty (60) days after receipt of the
request, unless special circumstances require an extension of time (not to exceed an additional 60 days) for processing the request for a review.
If an extension for review is required, written notice of the extension will be furnished to you within the initial sixty (60) day period. The Plan
Administrator will give prompt, written notice of its decision to you. In the event that the Plan Administrator confirms the denial of the
application for benefits in whole or in part, the notice will outline, in a manner calculated to be understood by you, the specific reasons for the
decision and the Plan provisions upon which the decision is based. If written notice of the Plan Administrator’s decision is not given to you
within the time prescribed in this subsection (4), the application will be deemed denied on review.
5. Exhaustion of Remedies. No legal action for benefits under the Plan may be brought until: (i) you have submitted a written
application for benefits in accordance with the procedures described by Section V.C.1., above; (ii) you have been notified by the Plan
Administrator that the application is denied (or the application is deemed denied due to the Plan Administrator’s failure to act on it within the
established time period); (iii) you have filed a written request for a review of the application in accordance with the appeal procedure described
in Section V.C.3., above; and (iv) you have been notified in writing that the Plan Administrator has denied the appeal (or the appeal is deemed
to be denied due to the Plan Administrator’s failure to take any action on the claim within the time prescribed by Section V.C.4., above).
D. Plan Terms . This Plan supersedes any and all prior separation, severance and salary continuation arrangements, programs and plans
which were previously offered by the Company to eligible employees of this Plan, except such terms as are set forth in a written agreement
signed by an authorized officer of the Company or any subsidiary of the Company. This policy supplements any such written agreements to
provide all terms that are not otherwise expressly set forth in those written agreement.
E.
Plan Amendment or Termination . The Compensation Committee of the Company reserves the right to change, suspend,
discontinue or terminate all or any part of this Plan at any time; provided, however, that the Plan may not be amended, modified or
terminated during the Transaction Protection Period with respect to eligible employees under the Plan as of the
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closing of that Transaction. Other than during the Transaction Protection Period with respect to eligible employees as of the closing of that
Transaction, the provisions of the Plan are intended to serve as mere guidelines for the payment of benefits under certain prescribed
circumstances and are not intended to provide any employee with a vested right to benefits. Accordingly, any termination or amendment of
the Plan may be made effective immediately with respect to any benefits not yet paid, whether or not prior notice of such amendment or
termination has been given to affected employees. This Plan terminates by its own terms when all benefits hereunder have been paid.
F. Taxes and Other Payroll Deductions .
Company will withhold taxes and all other applicable payroll deductions from any Severance
Payment Benefit made under this Plan. The Company may also offset from any Severance Payment Benefit any amounts owed to the Company,
except to the extent such offset would contravene any applicable restrictions or limitations under Code Section 409A.
G. No Right to Employment . No provision of this Plan is intended to provide you or any other employee with any right to continue
employment with Company or any other member of the Employer Group or otherwise affect the right of the Company or any other member of
the Employer Group, which right is hereby expressly reserved, to terminate the employment of any individual at any time for any reason, without
cause.
VI. STATEMENT OF ERISA RIGHTS
As a participant in the United Online, Inc. Severance Benefit Plan (the “Plan”), you are entitled to certain rights and protections under the
Employment Retirement Income Security Act of 1974, as amended (“ ERISA ”). ERISA provides that all Plan participants shall be entitled to:
1.
Examine, without charge, at the Plan Administrator’
s office, all Plan documents, including all documents filed by the Plan with the
U.S. Department of Labor, such as plan descriptions.
2. Obtain copies of all Plan documents and other Plan information upon written request to the Plan Administrator. The Plan
Administrator may make a reasonable charge for the copies.