1. Independent
Contractor. Subject to the terms and conditions of this Agreement, the
Company hereby engages the Contractor as an independent contractor to
perform the services set forth herein, and the Contractor hereby accepts
such engagement.
Contractor will
not be considered an employee of the Company for any reason. The Contractor
is and will remain an independent contractor in his/her relationship
to the Company.
Company will not
withhold any income or social security taxes from any compensation that
contractor receives. The Contractor shall have no claim against the
Company or otherwise for vacation pay, sick leave, retirement benefits,
social security, worker’s compensation, health or disability benefits,
unemployment insurance benefits, or employee benefits of any kind.
Contractor is responsible
for all income and social security taxes due to the government from
any compensation received from Company. If the compensation (over and
above reimbursements) from Company equals or exceeds $600 in a calendar
year, Company will send Contractor a 1099 Form.
Contractor will
provide a social security number to the Company, if requested, so that
a 1099 can be issued.
2. Duties. The
services which the Contractor will provide to the Company are to enter
Company’s client’s establishments anonymously and “under
cover”, pose as a customer, and fill out the questionnaire provided.
If the contractor
at any time during a shop reveals themselves as a mystery shopper, then
agreement between Contractor and Company will be null and void. No compensation
will be given.
Shops will be considered
complete and compensation due the Contractor, when the Company receives
the completed questionnaire, along with a receipt for any products/foods
which must be purchased in order to complete the assignment.
3. Term. This engagement
shall commence upon execution of this Agreement and shall continue in
full force and effect through completion of the Contractor’s duties
under this Agreement.
4. Compensation.
Contractor will receive as compensation reimbursement for products purchased
up to the specific limit set by Company and/or a set fee. All reimbursements
require a receipt.
5. Expenses. Contractor
shall be solely responsible for the payment of any expenses and costs
incurred in providing the services called for in this Agreement. This
includes automobile expenses.
6. Insurance. The
Company shall not have any responsibility or liability for any damage,
injury or death involving the Contractor. This includes any liability
for any injury that is either in an automobile, at an assignment or
in the office which injury may occur to Contractor.
Contractor is responsible
for carrying his/her own automobile insurance and will provide proof
of that insurance if requested to do so.
7. Confidentiality.
The Contractor acknowledges that during the assignment, he/she will
have access to and become acquainted with various trade secrets, inventions,
innovations, processes, information, records and specifications owned
or licensed by the Company and/or used by the Company in connection
with the operation of its business including, without limitation, the
Company’s business and product processes, methods, customer lists,
accounts and procedures.
The Contractor
agrees that he/she will not disclose any of the aforesaid, directly
or indirectly, or use any of them in any manner, either during the term
of this Agreement or at any time thereafter, except as required in the
course of this engagement with the Company.
Company questionnaires
and materials are proprietary and confidential and any contractors/shoppers
who are suspected of sharing forms, written or online, with other shopper
services will be prosecuted to the full extent of the law. In addition,
Contractor is not to duplicate or disseminate any of Company’s
materials, or any part thereof, in any way or form to another other
person or company.
If the Contractor
works for another Mystery shopping company or one offering similar services,
he/she will not disclose any information about the Company to the opposing
company.
8. Conflicts of
Interest. No Contractor (shopper) shall have worked for another mystery
shopping service as an employee or owner/manager at any time during
or prior to working with Company. Contractor can, however, work for
other shopper services as a shopper/contractor.
Contractor agrees
not to accept an assignment if he/she knows anyone who is an employee
or an ex-employee of the Company’s client that Contractor may
be assigned to shop.
9. Termination.
The Company may terminate this Agreement at any time. If Contractor
agrees to an assignment by a certain date, and the assignment is not
completed OR contractor has not contacted the company, or its representatives
(ie. scheduling service), contractor will automatically be removed from
eligibility for future work.
10. Records to
maintain. Contractor must maintain a copy of all reports and receipts
that are applicable. (If reports are done online, then print out the
report. If reports are filled out offline, keep a copy of your report).
Contractor must also maintain a copy of his/her applicable receipts
until reimbursement has been received.
IN WITNESS WHEREOF
the undersigned have executed this Agreement as of the day and year
first written above.
Undercover Consultants,
LLC
Rhonda Seabrooks
CEO
