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Shopper Agreement
Independent Shopper Agreement between Confero, Inc.
(Confero) and Shopper. Confero provides custom
service research (mystery shops) for its clients and
periodically retains Shoppers to assist in certain
specific evaluations. Shopper agrees to provide such
assistance to Confero on the terms below.
1. Relationship: Shopper is an independent
contractor and is responsible for the conduct of
his/her assignment and/or business in compliance
with all applicable laws. Shopper agrees that:
a) Shopper will prepare fully for each assignment
according to written and verbal guidelines provided
by Confero. Guidelines are provided to ensure
research is done consistently at all locations.
While performing an assignment, Shopper will devote
full attention to the assignment and conduct
him/herself in a professional manner.
b) Shopper will indemnify and hold Confero harmless
for any third party liability arising out of
shopper's conduct of his/her assignment and/or
business.
c) Shopper is responsible for payment of any
federal, state or other taxes on any fees earned for
services provided to Confero. Confero will transmit
a 1099 Miscellaneous Income form to Shopper and to
appropriate agencies if Shopper's combined fees
earned in a calendar year warrant the filing of such
documents as required by law. Shopper will maintain
his/her own records for tax purposes.
d) Shopper is not an employee of Confero or of
Confero's Clients. Shopper has no authority to and
may not accept orders for, bind, or obligate Confero
or its Clients in any way. Shopper has no authority
to and may not solicit client business for Confero
unless specifically authorized by Confero to do so.
Shopper understands that at no time will Shopper be
recognized by Confero as an employee.
e) Shopper understands that conducting mystery
shopping assignments requires that the Shopper
listen for required information, look for required
information and move through the assigned location
to assess all aspects of a the customer experience
as required for the mystery shop assignment. Shopper
affirms that he or she possesses sufficient hearing,
vision and mobility to conduct such mystery shopping
assignments.
f) As an Independent Contractor, Shopper will
maintain appropriate insurance on any vehicle that
he or she uses to drive to and from any mystery
shopping assignment for Confero.
2. Services. Confero may offer Shopper occasional
evaluation assignments and further agrees:
a) Shopper may accept or reject any such assignment
and
b) Shopper is free to engage in any other
activities Shopper desires when not engaged on an
assignment for Confero. Likewise, Confero has no
obligation to contact Shopper about available
assignments.
3. Fees and Reimbursements. Confero and Shopper will
agree in advance on a fee and/or expense
reimbursement amount. Confero will pay that fee
and/or reimbursement no later than the 25th
day of the month following the month the shop was
performed. Shopper will provide the original expense
receipt, or any other required validation documents
specified in the shop guidelines, with the completed
assignment report, if required for the assignment.
Confero will not pay a fee or reimbursement to
Shopper if the assignment report is incomplete or if
required supporting documentation, such as receipts,
are not provided on a timely basis. Timeliness
requirements are stated in the guidelines for each
individual project. Most assignments require
reporting on the day of the mystery shop visit.
4. Term of Agreement. This agreement commences upon
Shopper acceptance of his or her first Confero
mystery shop assignment. Either party may terminate
this agreement at any time with or without cause by
giving thirty days' written notice to the other
party.
5. Restrictive Covenant. Shopper may provide
independent shopper services to other shopping
companies which compete with Confero. However, for
two years after acceptance of any assignment for
Confero, Shopper will not engage in, own an interest
in, manage, control, become employed by, represent,
participate in or be connected to the management or
control of any business which provides mystery
shopping services or competes with Confero; or
attempt to influence Confero Clients to place their
business with any other individual or business.
6. Confidentiality. Shopper will not reveal or show
to any outside party the nature and method of the
evaluation assignment, the questionnaire used for
the evaluation assignment, the location(s) shopper
was assigned to evaluate, the name of the businesses
the shopper evaluated, the frequency the shopper was
offered about assignments, or the guidelines shopper
was given about any evaluation assignment. In
providing services to Confero, Shopper acknowledges
that he/she will have access to and knowledge of
information of a confidential nature and agrees that
he/she will not disclose this information to any
individual or business entity. Any information not
generally available to the public shall be construed
as confidential for purposes of this agreement.
6. Privacy. Confero will not reveal Shopper's
identity to anyone, including Clients. Confero
agrees not to sell, distribute, or in any way make
Shopper's Profile information or identity available
to any third party, including Confero's Clients,
without specific permission. Confero's Privacy
Policy may be viewed at:
http://www.conferoinc.com/conferoinc/shoppers/PrivacyPolicy.htm
This policy meets all standards of the Better
Business Bureau Online Reliability Program.
7. Email. Shopper agrees to receive emails from
Confero for the purpose of receiving offers for
mystery shopping assignments, updates about
assignment with Confero and correspondence from
Confero's shopping report quality review staff.
Shopper understands and agrees that these email
notices and correspondence do not constitute email
spam.
8. Confero Property. Shopper agrees that all
records, reports, and other documents relating to
Confero's business, which Shopper shall use during a
shopping assignment, shall remain the sole property
of Confero. Upon termination of this agreement by
either party, Shopper will promptly return to
Confero originals and all copies of such materials
and documents. Confero property includes the data
resulting from the shop assignment.
9. Breach of Contract. Confero shall be entitled to
a preliminary injunction restraining Shopper from a
breach or threatened breach: provided, however, that
nothing herein shall be construed as prohibiting
Confero from pursuing any other remedies available
for a breach or threatened breach, including
recovery of damages from Shopper.
10. Assignment. This Agreement may not be assigned
or transferred or subcontracted to any person or
business entity without prior written approval of a
Confero corporate officer.
This Agreement contains the entire agreement of the
parties, may only be amended by the parties and
shall be governed by the laws of the State of North
Carolina.
11. Fraud. Shopper understands that the information
provided in Shopper's Confero Mystery Shopper Online
Profile will be used to determine Shopper's
eligibility for consideration for mystery shopping
assignments. Failure to provide accurate, complete
information on this application form constitutes
fraud, which may cause harm to Confero and/or its
clients and for which Confero will pursue all
appropriate and available legal remedies.
Shopper's application to mystery shop for Confero
indicates his or her acceptance of this Agreement. |
