UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): July 26, 2012
DEMANDWARE, INC.
(Exact Name of Company as Specified in Charter)
| Delaware | 001-35450 | 20-0982939 | ||
| (State or Other Jurisdiction of Incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
| 5 Wall Street Burlington, MA |
01803 | |||
| (Address of Principal Executive Offices) | (Zip Code) | |||
Company’s telephone number, including area code: (888) 553-9216
Not applicable
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
| Item 1.01 | Entry into a Material Definitive Agreement |
For the second quarter ended June 30, 2012, neckermann.de GmbH (“Neckermann”) accounted for approximately 10% of the revenue of Demandware, Inc. (the “Company”). The Company has collected in full all revenue from Neckermann recognized in the second quarter. Neckermann owes the Company approximately €200,000 in fees for services delivered in the third quarter of 2012 prior to the commencement of Neckermann’s preliminary insolvency proceedings.
The Company has reached an agreement with Neckermann and the preliminary insolvency administrator of Neckermann whereby Neckermann will prepay the Company’s base and other subscription fees per the current contract rates on a bi-weekly basis from July 19, 2012 through the balance of the third quarter provided that Neckermann continues to conduct its online retail business. The term of the Company’s Master Service Agreement with Neckermann ends on June 30, 2013.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| DEMANDWARE, INC. | ||||
| Date: July 26, 2012 | By: | /s/ Scott J. Dussault | ||
| Scott J. Dussault | ||||
| Executive Vice President and Chief Financial Officer | ||||