Five Ways to Shift the Paradigm with Intellectual Property, Challenge Conventional Laissez Fair and Blow Your Client Away with Results.

Five Ways to Shift the Paradigmwith Intellectual Property,

Challenge Conventional Laissez Fairand Blow Your Client Away with

Results

UncoveringWin/Win Mutual

Cross PromotionalOpportunities

Accountability/Diligence/

Thoroughness

InspiredCreative

Alternatives

Finding theRight Champion

Myths ofNegotiation


Thoroughness

InspiredCreative

Alternatives


Myths ofNegotiation



4

Accountability Hold your music and talent resource accountable

Whether it is a third party resource or your ad agency. Challenge them to think outside the box

Diligence/Thoroughness Q. What does the market bear for popular music

today? Q. How much was this song licensed for in the past?

Are you paying less? You should be Q. Do you know if and where this song is being used?

Are there options yet to be exercised? Q. Do you have a complete commercial history? Q. Do you know if there are outstanding quotes for

other products? This increases the chance another brand could run with the song before or while you are using it


Thoroughness

InspiredCreative

Alternatives


Myths ofNegotiation



6

Inspired Creative Alternatives

Re-recordingAlternative mastersStart thinking about music from day

oneBallpark costs and feasibility

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Y&R on behalf of 7-Up! — 7/9/20047-Up! — Possible Alternatives USE/MEDIA: For up to three (3) :30 television commercials with versions, edits, lifts,

tags including retail tags to air on network, cable and spot television. Also for three (3) :60 radio commercials with versions, edits, lifts, tags including retail tags. Additionally for non-broadcast/industrial use including in-house (creative meeting/reference/awards purposes), sales meetings, trade shows, internet - on the client's and agency's websites and third party websites - (sites like Ad Age, Ad Week and other industry sites that may post the commercial in a non-downloadable, streaming only manner for purposes of review), in-store, POP, use of talent's name/image in print, use of talent's voice for on-hold for company's phone systems, in-cinema, in-flight, in stadium/jumbotron, theme parks.

TERM: For one (1) year beginning approximately August 16th, 2004 TERRITORY: United States, its territories and possessions; Territory for internet use:

World RENEWAL OPTION: To renew for an additional consecutive one (1) year term EXCLUSIVITY: Soft Drinks IMPORTANT: All talent is subject to approval and availability (e.g., film, TV and

other potential commercial conflicts, upcoming projects). Our suggestions and ballparks are based upon our experience with the talent and their agents/managers. Final talent commitment will be based upon a firm offer from the client

PLEASE NOTE: THE FOLLOWING BALLPARKS DO NOT REFLECT PENSION AND HEALTH CONTRIBUTIONS

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Celebrity Couple Career Highlight(s) Notes More Information Ballpark Range

Lisa Kudrow: Friends (Television) Wonderland (Film) J ennifer Aniston: Friends (Television) Along Came Polly (Film)

Lisa Kudrow - Appeared in TV commercials for E! (2002) and Aquafina (2001). J ennifer Aniston - Appeared in TV commercials for Heineken (2003), Lynx deodorant (1997) and L'Oreal Elvive shampoo (1997). Appeared in Print ad for Microsoft (1997).

http:/ / www.imdb.com/ name/ nm0001435/

PASSED

Kelly Ripa: Live! With Regis and Kelly (Television) Hope & Faith (Television) Regis Philbin: Live! With Regis and Kelly (Television) Who Wants To Be A Millionaire (Television)

Kelly Ripa - Appeared in TV commercials for 7-Up Plus (2004) and Aquafina (2002) - TV and Print commercials for Pantene (2002-2004). Regis Philbin - Appeared in TV commercials for 7-Up Plus (2004), Hummer (2004) and Washington Mutual (2000) - Print commercials for Osteo Bi-Flex J oint care dietary supplements (2005).

http:/ / www.tvtome.com/ tvtome/servlet/ ShowMainServlet/ showid-1689/ Live_with_Regis_and_Kelly/

Fee-last commercial prospect $2.5 Million ALL-IN CL delivered fee at $2 Million ALL-IN

Kristen Davis: Sex in the City (Television) Cynthia Nixon: Sex in the City (Television)

Cynthia Nixon - Appeared in a Print ad for Buick (2003). Kristin Davis - Appeared in TV commercial for Nextel (2003).


Fee-last commercial prospect $2 Million ALL-IN CL delivered fee at $1.5 Million ALL-IN

Kelly Ripa: Live! With Regis and Kelly (Television) Hope & Faith (Television) Mark Consuelas: All My Children (TV)

Real Life Husband and Wife Kelly Ripa - Appeared in TV commercials for 7-Up Plus (2004) and Aquafina (2002) - TV and Print commercials for Pantene (2002-2004) Mark Consuelas - Was a series regular for many years on All My Children.


Fee-last commercial prospect $2 Million ALL-IN CL delivered fee at $1.5 Million ALL-IN

Kelly Ripa: Live! With Regis and Kelly (Television) Hope & Faith (Television) Faith Ford: Hope & Faith (Television) Murphy Brown (Television)

Kelly Ripa - Appeared in TV commercials for 7-Up Plus (2004) and Aquafina (2002); TV and Print commercials for Pantene (2002-2004). Faith Ford - Print ad (with Kelly Ripa) for Ortega Tacos and their contest to win a trip to a "Hope & Faith" taping in New York. (2004)


Fee-last commercial prospect $1.5 Million ALL-IN CL delivered fee at $1 Million ALL-IN

Celebrity Couple Talent Search — 07/09/2005

Talent Requirements: Two (2) Days of Service for Shooting


Thoroughness

InspiredCreative

Alternatives


Myths ofNegotiation



10

Finding the Right Champion

Film & TV creative at Warner/Chapell

Licensing contact at UME (Label)

Marketing department at

Interscope (Label Smashmouth is signed to under

UME)

A&R guy at Interscope

ManagerInterscope

Marketing/Film & TV

A&R guy at Warner/Chapell

Licensing contact at Warner/Chapell

(publisher)

Independent Rep hired directly by manager to find

these opportunities

Attorney

Allstarby

Smashmouth

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Talent also has many layers and people whispering and advising. You need to know

the most beneficial and effective route.


Thoroughness

InspiredCreative

Alternatives


Myths ofNegotiation



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Myths of Negotiation

VolumeSome brands cost moreRelationships Ineffective tactics — “It’s Me…” “I

have other jobs coming I’ll send your way…”


Thoroughness

InspiredCreative

Alternatives


Myths ofNegotiation



15

Uncovering Win/Win Mutual Cross Promotional Opportunities

Co-branding opportunities add valueHave we maximized the possible

value added with 360 initiatives (packaged deal that incorporates on-ground (sponsorship obligations, personal appearances, etc.) on-air, on-device (cell phone, etc.) and online)?

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Cumulative impact is substantial

Five Ways to Shift the Paradigm with Intellectual Property, Challenge Conventional Laissez Fair and Blow Your Client Away with Results.

Documents

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inspired creative alternatives

health contributions

myths of negotiation