The Company will employ Executive as the sole President of the Company. Other than Robert Ellin (“ Ellin ”) serving in his capacity as the Chief Executive Officer of the Company (the “ CEO ”), Executive will be the most senior executive officer of the Company and of each and all of its Affiliates (as defined in Section 9.5(a) ) (the Company, together with all of its Affiliates, are referred to herein collectively as the “ Company Group ”). Executive will report solely and directly (a) to Ellin at any time that Ellin is serving as the CEO, or (b) to Ellin at any time that Ellin is serving as Chairman of the board of directors of the Company (the “ Chairman ” and the “ Board, ” respectively) but is not serving as the CEO, or (c) to the Board at any time that Ellin is neither the CEO nor the Chairman. Other than Ellin serving in his capacity as the CEO, no other employee or officer of the Company Group will have any authorities, duties, offices, positions, powers, reporting relationships, responsibilities, or titles equal or superior to those of Executive. Other than Ellin serving in his capacity as CEO, the Company will not (x) appoint any other person to a position more senior than, or equivalent in status to, that held by Executive(whether in terms of any authorities, duties, offices positions, powers, reporting relationships, responsibilities, titles, or otherwise) including appointing any person other than Ellin or Executive to serve as CEO of the Company, (y) appoint any other person to act jointly with Executive, or (z) require Executive to share with any person any of Executive’s authorities, duties, powers, reporting relationships, responsibilities, or titles. Each and all of the employees and officers of the Company Group (including the most senior executives of each Affiliate of the Company and of the Company’s and its Affiliates’ respective operating units and divisions) will report directly to Executive or, at Executive’s election, to any designee(s) of Executive, except that at any time that Ellin is serving in his capacity as CEO, Ellin may cause the Chief Financial Officer of the Company to report directly to Ellin rather than to Executive. Notwithstanding the foregoing, with respect to any entity (other than Slacker, Inc. and Snap Interactive, Inc.)acquired by the Company which becomes an Affiliate of the Company after the Effective Date (an “ Acquired Entity ”), the failure of the Company to cause all employees of such Acquired Entity to report directly or indirectly to Executive, in and of itself, shall not constitute a breach of this Agreement or a basis for the Executive’s termination for Good Reason pursuant to Section 7.6, if the Company uses good faith efforts and reasonable diligence, exercising reasonable business judgment, to cause all employees of such Acquired Entity to report directly or indirectly to Executive.