Commitments And Contingencies

12 Months Ended

Dec. 31, 2012

Commitments And Contingencies

14. COMMITMENTS AND CONTINGENCIES

Operating Leases

We lease an office facility adjacent to our corporate headquarters from an entity controlled by our principal stockholders. This operating lease commenced in August 2008 and has a ten-year term with the option to renew for two additional two-year terms. We also lease several other buildings from our principal stockholders on a month-to-month basis. We believe that the above operating lease transactions were consummated on terms comparable to terms we could have obtained with unrelated third parties.

In addition, we lease office, distribution facilities, and equipment from unrelated parties with remaining terms of one to three years.

Future aggregate minimum annual lease payments under these leases at December 31, 2012 are as follows:

Year Ending December 31	Related Parties		Others		Total
2013	$	235	$	2,153	$	2,388
2014		235		1,040		1,275
2015		235		697		932
2016		235		370		605
2017		235		254		489
2018 and thereafter		137		—		137

Total rent expense aggregated $3,318, $3,104, and $2,594 for the years ended December 31, 2012, 2011, and 2010, respectively, under the terms of the operating leases described above. Such amounts included $464, $524, and $380 in 2012, 2011, and 2010, respectively, paid to related parties.

Sports Marketing Agreements

We have entered into multi-year sponsorship agreements with the New England Patriots and the Boston Red Sox through 2013 and 2014, respectively. These agreements grant us various marketing rights and seating arrangements.

Future aggregate minimum annual payments required under these agreements as of December 31, 2012 are as follows:

Year Ending December 31	Total
2013	$	408
2014		114

Total marketing expense payments under agreements with these organizations aggregated $522, $935, and $879 for the years ended December 31, 2012, 2011, and 2010, respectively, under the terms of the agreements described above.

Contingencies

We are subject to various legal proceedings and claims, including patent infringement claims, which have arisen during the ordinary course of business. In the opinion of management, the outcome of such matters is not expected to have a material effect on our financial position, results of operations, and cash flows.

We are subject to audits by states on sales and income taxes, unclaimed property, employment matters, and other assessments. A comprehensive multi-state unclaimed property audit continues to be in progress, and total accruals for unclaimed property aggregated $2,418 and $1,639 at December 31, 2012 and 2011, respectively. While management believes that known and estimated unclaimed property liabilities have been adequately provided for, it is too early to determine the ultimate outcome of such audits, as no formal assessments have yet been made. Additional liabilities for this or other audits could be assessed, and such outcomes could have a material negative impact on our financial position, results of operations, and cash flows.