Mystery Shopper Agreement

Please read the following:

Check Mark, Inc. retains shoppers to assist in the gathering of information regarding levels of customer service, sales skills, and product knowledge. By signing up to be a mystery shopper with Check Mark, Inc., the Shopper agrees to abide by the following: The Shopper is and will continue to be a self-employed independent contractor and not an employee of Check Mark, Inc. The Shopper is not a partner, employee, joint venture, or affiliate of Check Mark, Inc. and does not have the authority to accept orders for, bind or obligate Check Mark, Inc. in any way. The Shopper understands and agrees that he/she is not entitled to and will not receive any medical, dental or other such benefits from Check Mark, Inc. The Shopper is responsible for providing his/her own insurance coverage. Check Mark, Inc. will not withhold taxes from any fees payable to the Shopper, but will transmit 1099 Miscellaneous form to appropriate agencies at the appropriate time. The Shopper is responsible for payment of any federal, state or other taxes on any fees received for providing services to and for Check Mark, Inc. The Shopper is responsible for the conduct of his/her business and will comply with all applicable laws. e) Check Mark, Inc. will have no liability to any third parties for any claims arising of the Shopper’s assignment of business. The Shopper will indemnify and hold harmless Check Mark, Inc. for any such claims. The Shopper will devote full attention to the project, will conduct himself/herself in a professional manner, and will exhibit professional behavior throughout the assignment. Check Mark, Inc. will pay the Shopper a fee agreed upon in advance for each project, payable upon satisfactory completion of the Shopper’s assignment and written report. Payment will be mailed the month following completion of the shop report. Check Mark, Inc. will reimburse the Shopper for any pre-authorized expenses incurred while performing assignments for Check Mark, Inc. The Shopper will retain all notes, receipts, and/or business cards for a period of 60-days for each assignment completed for Check Mark, Inc. The Shopper agrees to retain only one shopper account per person and per household with Check Mark, Inc. The Shopper agrees to complete his/her own assigned shops. Work cannot be contracted out to others. The Shopper agrees all records, files, reports, and other documents relating to Check Mark, Inc., which the Shopper shall use, prepare, or come in contact with during, or as a result of, a shopping assignment, shall remain the sole property of Check Mark, Inc. Upon termination of this agreement, the Shopper shall immediately return to Check Mark, Inc. all originals and copies of such materials. In providing services to Check Mark, Inc., the 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 to any individual or business entity information concerning Check Mark, Inc. methods, trade practices, evaluation results, or any information deemed by Check Mark, Inc. to be confidential for purposes of this agreement. Check Mark, Inc. shall be entitled to a preliminary injunction restraining the Shopper from a breach or threatened breach, provided however, that nothing herein shall be construed as prohibiting Check Mark, Inc. from pursuing any other remedies available for a breach or threatened breach, including recovery of damages from the Shopper. Check Mark, Inc. shall keep all Shopper contact and personal information confidential and shall not disclose to any individual or business entity. This agreement is not assignable without the prior written approval of Check Mark, Inc. The Shopper agrees that if they conduct any shops in the state of Nevada, they must be a Nevada Licensed Private Investigator. Check Mark, Inc. has the exclusive right to refuse payment to and/or remove any Shopper that does not comply with this agreement. Check Mark, Inc. can, at any time, amend this agreement. Shopper is responsible for complying with any amendments to this agreement.