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Liberate Technologies Fiscal Year 2003 Sales Commission Plan

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Exhibit 10.62

Liberate Technologies Fiscal Year 2003 Sales Commission Plan


The purpose of the Fiscal Year 2003 ("FY03") Sales Commission Plan ("the Plan") is to provide an incentive to exceed revenue objectives, to attract the best salespeople, and to encourage salespeople to win new business and maintain relationships with existing customers. The Plan is designed to offer upside income potential for overperformance.

Plan Components:

The President ("President") sets the Plan commission rates and quotas.

Plan payments are:

? Paid approximately four weeks after the end of Liberate Technologies' ("Liberate") monthly accounting period.

? Earned solely upon revenue recognition on accounts that appear on a participant's FY03 Account Listing as approved in writing by the President.

? Based on Individual FY03 Revenue Quota achievement for License, Royalty, Support, Service, Education, and margin on 3rd party software and hardware that Liberate is a reseller of (and is recorded as revenue), for accounts where a binding contract or valid purchase order exists.

? Calculated based on the rates assigned in the Individual Sales Commission Plan and rounded to the nearest cent. To be eligible for the next quota level the participant must be at or above the target level specified in the Individual Sales Commission Plan. No rounding will apply to quota credit.

? Earned only if the participant has performed his or her job duties at least at an acceptable performance level during that month, as determined by the participant's immediate manager.

Liberate Confidential

Participant's Initials

General Terms and Conditions:

1. Participants are eligible to participate in the Plan only if they are in positions that have been identified and approved in writing as qualifying under the Plan by the President.

2. Participants are eligible to participate in the Plan only if they are full-time regular employees of Liberate and have signed all employment documents provided by Liberate. Participants must also sign Plan documents and forward them to Human Resources within 15 days of receiving the Plan documents.

3. The Plan is effective from June 1, 2002 through May 31, 2003. For participants starting after June 1, 2002, payments are prorated for the number of days of active participation in the Plan.

4. Participation in the Plan in any given year does not automatically entitle a participant to participate in subsequent years.

5. Participation in the Plan does not constitute an agreement to employ any participant for any length of time and will not restrict the participant's or Liberate's right to terminate employment for any reason, at any time, with or without cause or prior notice. No one at Liberate has the authority, unless specifically authorized in writing by the CEO, to enter into any oral, written, or implied agreement that employment is for any minimum or fixed term or that alters in any way the "at-will' employment relationship.

6. Sales commission payments will be earned solely upon Net Revenue recognized, subject to the participant being actively employed by the Liberate when the commission payment is due. Net Revenue is recognized in accordance with generally accepted accounting principles and reflected in Liberate's general ledger, 10Q's, and 10K. Net Revenue is calculated net of any revenue reversals, amounts that are greater than 90 days past due or written off to bad debt, and amounts that have been deemed non-commissionable (e.g., sales tax, smart cards, hardware (excluding margin on hardware Liberate is an official reseller of), reimbursable travel, and equity investments).

7. Quota credit, but not c
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