MYSTERY SHOPPER/ AGREEMENT
I am executing this Independent Contractor Agreement (this“Agreement”) with 3rd Eye Consulting LLC, Inc, (“3RD EYE CONSULTING” or the “Company”),so that I may perform and be retained by the Company on a project-by-projectbasis to perform mystery shopping or auditor shopping services for customers (the“Customer”) of the Company.
- SERVICES AS INDEPENDENT CONTRACTOR. The purpose of this Agreement is to specify the terms and conditions for my providing of mystery shopping and/or auditor shopping services (the “Services”) to Customers of 3RD EYE CONSULTING. I understand, acknowledge and agree that my relationship with 3RD EYE CONSULTING will be that of an independent contractor and nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, or employment relationship. I will be responsible for all federal, state and other applicable taxes, and no taxes will be withheld from payments by 3RD EYE CONSULTING to me. If the total annual compensation earned by me meets the threshold, 3RD EYE CONSULTING will issue to me a 1099 tax form.
- SELECTION OF PROJECTS. I understand that the Company is making no commitment to use my services for any particular length of time and not for any specific number of projects. Likewise, I am not making any commitment to provide services for any particular length of time and not for any specific number of projects. I will be solely responsible for reviewing online positions for projects encompassed within the scope of Services, each such project being referred to as a “Shop”. I understand that I will be solely responsible for deciding whether I want to apply for a Shop, and that the Company will not require that I perform a Shop unless I have elected to perform the work. I shall have the sole right to decide which Shops I seek to perform, and how many, if any, Shops I accept.
- COMPENSATION. I understand that every prospective Shop will be posted with a specified rate of compensation online on various job boards or presented electronically. I will earn compensation only upon completion of the Shop within the guidelines specified by the Customer. If all conditions specified for the project have not been timely fulfilled or rejected by the Customer, then I will not get compensated for that Shop. Payment for completed Services will be made by the 20th of any month after a confirmed completed Shop if I am paid through PayPal and made by the 10th of any month after a confirmed Shop if I have signed up for direct deposit into my bank account. If this day falls on a weekend or holiday, payments will be issued on the following business day. The payment schedule may be revised from time to time.
- SCHEDULING AND COMPLETION OF WORK. I agree that my contact information may be shared with agents of 3RD EYE CONSULTING responsible for scheduling Shops and that I may be contacted with prospective Shops. I acknowledge that I am under no obligation to accept any Shops, and 3RD EYE CONSULTING is under no obligation to provide me with any assignments. If I accept an assignment, I will complete it within the time frame specified. My failure to complete an assignment in the agreed time frame may result in a pre-determined deduction from the agreed fee.
- CUSTOMER REQUIREMENTS AND INFORMATION.I agree that in order to perform the Services that I will be given instructions (oral or in writing) from the Customer whose location I will be visiting for the Shop. I agree to abide by those instructions and to generally behave in a courtesy and professional manner in my dealings with the Customer and its employees and representatives. I further acknowledge that the Customer may require that I keep the information I learn during the shopping experience as confidential and that I will abide by such request if asked.
- OUT OF POCKET PURCHASES AND RESOURCES FOR THE SHOP. Some Shops may require that I spend personal money to complete the Shop.I understand that I will be reimbursed by the Company for these expenses – which are reimbursed by the Customer to the Company – so long as I comply with the Customer’s approved guidelines for the Shop and not reimbursed for any purchase in excess of the maximum allowable purchase of the Shop. I will provide a valid, accurate receipt to the Company for such reimbursement, and if I fail to do so, I agree that I shall have no right to reimbursement from the Company or the Customer. To the extent, any tools or equipment is needed for the Shop – none is likely required – it will be my responsibility to provide them as the Company will not provide me with any tools, equipment or resources to complete the Shop.
- PROFESSONALISM.I acknowledge that I will perform the Services with no supervision during the Shop by the Company whatsoever and that it is incumbent upon me to behave in a professional and courteous manner since no 3RD EYE CONSULTING representative will observe or oversee my work.
- TERM. This Agreement shall remain in force for so long as I elect to perform Services for the Company or until replaced or modified by a subsequent agreement.
- FREEDOM TO WORK FOR COMPETITION.I acknowledge that my relationship with 3RD EYE CONSULTING is not exclusive and that I am free to work with the Company’s direct competition at any time during the term of this Agreement and that I may perform Services for 3RD EYE CONSULTING and its competitors simultaneously if I so desire. I may also hold part-time or full-time employment and remain eligible to perform Services under this Agreement.
- GOVERNING LAW AND VENUE. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Venue for any cause of action brought under this Agreement will be in Harris County, Texas.
- ENTIRE AGREEMENT. This Agreement constitutes the entire agreement I have with 3RD EYE CONSULTING relating to this subject, and supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral.
- ASSIGNMENT. I understand that I am entering this Agreement on my own behalf and that I may not assign my rights or obligations to others. However, I am free to work with and associate with other persons to provide the Services provided that those other persons have also executed a form of this Agreement with the Company. This Agreement will be for the benefit of 3RD EYE CONSULTING’s successors and assigns.
- CONFIDENTIALITY. I agree not to disclose the information requested by a client during a Shop or the identity of the client or client locations at which I provided services.
- LIABILITY. I shall not hold the Company liable or responsible for any damages, injury or harm that may come to me in the performance of my Services under this Agreement.
- INDEMNIFICATION.I shall hold the Company harmless and indemnify the Company for any claim (including attorney’s fees and costs) asserted by any Customer, independent contractor, or unrelated third-party who makes a claim against 3RD EYE CONSULTING related to or associated with any alleged tort or other misconduct I am accused of in the course of performing the Services.