The information required by this Item is incorporated herein by reference to information contained in the section of the Proxy Statement entitled “Ratification of Appointment of Independent Auditors.”
PART IV
ITEM 15. EXHIBITS, FINANCIAL STATEMENT SCHEDULES (a) The following documents are filed as a part of this Report:
1. Financial Statements: The information concerning our financial statements, and Report of
Independent Registered Public Accounting Firm required by this Item is incorporated by reference herein to the section of this Report in Item 8, entitled “Consolidated Financial Statements and Supplementary Data.”
2. Financial Statement Schedules: Schedule II Valuation and Qualifying Accounts is filed as part of this Report and should be read in conjunction with the Consolidated Financial Statements and Notes thereto.
The Financial Statement Schedules not listed have been omitted because they are not applicable or are not required or the information required to be set forth herein is included in the Consolidated Financial Statements or Notes thereto.
3. Exhibits: See “Index to Exhibits.”
(b) Exhibits. The exhibits listed below in the accompanying “Index to Exhibits” are filed or incorporated by reference as part of this Annual Report on Form 10-K.
(c) Financial Statement Schedules.
salesforce.com, inc.
Schedule II Valuation and Qualifying Accounts
Description Balance at Beginning of Year Additions Deductions Write-offs Balance at End of Year Fiscal year ended January 31, 2008
Allowance for doubtful accounts . . . . $1,223,000 $2,299,000 $2,616,000 $ 906,000 Fiscal year ended January 31, 2007
Allowance for doubtful accounts . . . . $1,296,000 $1,645,000 $1,718,000 $1,223,000 Fiscal year ended January 31, 2006
SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
Dated: February 29, 2008
salesforce.com, inc.
/s/ STEVECAKEBREAD
Steve Cakebread Chief Financial Officer
(Principal Financial Officer and Duly Authorized Officer)
POWER OF ATTORNEY AND SIGNATURES
KNOW ALL PERSONS BY THESE PRESENT, that each person whose signature appears below
constitutes and appoints Marc Benioff, Steve Cakebread and David Schellhase, his attorney-in-fact, each with the power of substitution, for him in any and all capacities, to sign any amendments to this annual report on Form 10-K, and to file the same, with exhibits thereto and other documents in connection therewith, with the Securities and Exchange Commission, hereby ratifying and confirming all that said attorney-in-fact, or his substitute or substitutes, may do or cause to be done by virtue hereof.
Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.
Signature Title Date
/S/ MARCBENIOFF Marc Benioff
Chairman of the Board of Directors and Chief Executive Officer (Principal Executive Officer)
February 29, 2008
/S/ STEVECAKEBREAD Steve Cakebread
Chief Financial Officer (Principal Financial & Accounting Officer)
February 29, 2008 /S/ CRAIGCONWAY Craig Conway Director February 29, 2008 /S/ ALANHASSENFELD Alan Hassenfeld Director February 29, 2008 /S/ CRAIGRAMSEY Craig Ramsey Director February 29, 2008 /S/ SANFORDR. ROBERTSON Sanford R. Robertson Director February 29, 2008 /S/ STRATTONSCLAVOS Stratton Sclavos Director February 29, 2008 /S/ LARRYTOMLINSON Larry Tomlinson Director February 29, 2008 /S/ MAYNARDWEBB Maynard Webb Director February 29, 2008 /S/ SHIRLEYYOUNG Shirley Young Director February 29, 2008
Index to Exhibits
Exhibit 3.1 (1) Restated Certificate of Incorporation of salesforce.com, inc. Exhibit 3.2 (2) Amended and Restated Bylaws of salesforce.com, inc. Exhibit 4.1 (1) Specimen Common Stock Certificate
Exhibit 10.1* (1) Form of Indemnification Agreement between salesforce.com, inc and its officers and directors
Exhibit 10.2* (3) 1999 Stock Option Plan, as amended Exhibit 10.3* (4) 2004 Equity Incentive Plan, as amended Exhibit 10.4* (1) 2004 Employee Stock Purchase Plan
Exhibit 10.5* (5) 2004 Outside Directors Stock Plan, as amended Exhibit 10.6 (6) 2006 Inducement Equity Incentive Plan
Exhibit 10.7** (3) Master Service Agreement dated May 17, 2005 between salesforce.com, inc. and Equinix, Inc.
Exhibit 10.10 (7) Resource Sharing Agreement dated as of March 3, 2003 between salesforce.com, inc. and salesforce.com/foundation
Exhibit 10.11 (7) Joint Venture Agreement dated as of December 7, 2000 among salesforce.com, inc., SunBridge, Inc. and Kabushiki Kaisha salesforce.com
Exhibit 10.12 (7) License Agreement dated as of January 19, 2001 by and between salesforce.com, inc. and Kabushiki Kaisha salesforce.com
Exhibit 10.13 (7) Consulting Services Agreement dated as of January 19, 2001 by and between salesforce.com, inc. and Kabushiki Kaisha salesforce.com
Exhibit 10.14* Form of Offer Letter and schedule of omitted details thereto
Exhibit 10.15* (8) Form of Change of Control and Retention Agreement as entered into with Steve Cakebread, Parker Harris, George Hu, Kenneth Juster, Jim Steele and Frank van Veenendaal
Exhibit 10.16* (8) Form of Change of Control and Retention Agreement as entered into with David Schellhase
Exhibit 10.17* (5) Confidential Separation Agreement and General Release of Claims by and between salesforce.com and John Freeland dated September 26, 2007
Exhibit 21.1 List of Subsidiaries
Exhibit 23.1 Consent of Independent Registered Public Accounting Firm Exhibit 24.1 Power of Attorney. (See page 87)
Exhibit 31.1 Certification of Chief Executive Officer pursuant to Exchange Act Rule 13a-14(a) or 15(d)-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 Exhibit 31.2 Certification of Chief Financial Officer pursuant to Exchange Act Rule 13a-14(a) or
15(d)-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 Exhibit 32.1 Certification of Chief Executive Officer and Chief Financial Officer pursuant to 18
* Denotes a management contract or compensatory plan or arrangement. ** Confidential treatment has been requested for a portion of this exhibit.
(1) Incorporated by reference from the Company’s registration statement on Form S-1 (No. 333-111289), Amendment No. 3, as filed with the Securities and Exchange Commission on April 20, 2004.
(2) Incorporated by reference from the Company’s Form 8-K as filed with the Securities and Exchange Commission on December 7, 2007.
(3) Incorporated by reference from the Company’s Form 10-K for the annual period ended January 31, 2006 as filed with the Securities and Exchange Commission on March 15, 2006.
(4) Incorporated by reference from the Company’s Form 10-Q for the quarterly period ended July 31, 2006 as filed with the Securities and Exchange Commission on August 18, 2006.
(5) Incorporated by reference from the Company’s Form 10-Q for the quarterly period ended October 31, 2007 as filed with the Securities and Exchange Commission on November 19, 2007.
(6) Incorporated by reference from the Company’s Form 10-Q for the quarterly period ended April 30, 2006 as filed with the Securities and Exchange Commission on May 19, 2006.
(7) Incorporated by reference from the Company’s initial registration statement filing on Form S-1 (No. 333-111289) as filed with the Securities and Exchange Commission on December 18, 2003.
(8) Incorporated by reference from the Company’s Form 10-K for the annual period ended January 31, 2007 as filed with the Securities and Exchange Commission on March 9, 2007.