This agreement is made between Confidential Consumer, a wholly owned subsidiary of EMG3, LLC and you, an independent contractor (herein referred to as “Independent Contractor”, as defined in section 7 below).
- Confidential Consumer is engaged in the business of providing customer service evaluation programs for its clients and desires to engage the Independent Contractor in the provision of those services through such methods as on-site visits, remote communications, and through web-based and intercept surveying.
- Independent Contractor agrees to perform these services for Confidential Consumer under the terms set forth within the Agreement.
In consideration of the mutual promises set forth herein, Confidential Consumer and Independent Contractor agree as follows:
- NATURE OF SERVICES: Pursuant to, an in accordance with Confidential Consumer instructions (the “Instructions”), Independent Contractor will covertly or overtly evaluate service, sales, product presentation, facility maintenance, and other specifics of our client’s operations and personnel and accurately and honestly document his/her factual experiences (the “Services”) while never revealing that he/she is providing Services or otherwise identify him/herself as a secret shopper, mystery shopper, customer service evaluator or anything of the like unless specifically instructed to do so by Confidential Consumer.
- ASSIGNMENTS: Assignments are offered through our website and other methods on an as needed, rotating basis. The Independent Contractor may choose to apply for, accept, or reject any available assignment. While Confidential Consumer has the choice to ask for your services, you, in turn, have the right to accept or not to accept any assignment offered.
- LOCATIONS OF ASSIGNMENTS: It is understood that Independent’s services will be rendered at various geographical areas (or wherever Independent states their availability).
- TIMEFRAME: In the performance of the Services, the Independent Contractor must comply with the Instructions, but otherwise sets his/her own hours.
- TRANSPORTATION: Independent Contractor is responsible for providing his/her own transportation. Confidential Consumer is not responsible for providing and/or otherwise reimbursing the Independent Contractor for costs associated with transportation.
- REINBURSEMENT/PAY STRUCTURE: Confidential Consumer will reimburse and/or pay Independent Contractor within a reasonable time of assignment completion, following the submission of all necessary documents as set out in the Instructions. The rate of reimbursement and/or pay varies based on client’s said business. Independent Contractor also understands that any reimbursements received may be subject to federal tax and must be reported at the end of each fiscal year. There is NO employer – employee relationship. Any federal, state, country and other applicable taxes WILL NOT be withheld from payments or reimbursements distributed by Confidential Consumer. In the US only, a 1099 will be issued to facilitate appropriate reporting of income the Independent Contractor receives hereunder for services performed of $600 or more in any calendar year.
- INDEPENDENT CONTRACTOR STATUS: As an Independent Contractor, you acknowledge that in providing the Services, you are doing so not as an employee of Confidential Consumer, but rather as a self-employed individual. As an independent Contractor, you also affirm that you maintain a business or home office at an address that is separate from Confidential Consumer, and that you do not rely solely on Confidential Consumer for providing project opportunities. By agreeing to these terms, you also understand and acknowledge that Confidential Consumer is not responsible for providing employment benefits, worker’s compensation, or any form of insurance coverage. Furthermore, as an Independent Contractor, you understand that it is your responsibility to provide these types of coverage.
- LIABILITY: The Independent Contractor is responsible for her/his own liability and workman’s compensation and as applicable automotive insurance, and holds Confidential Consumer and its affiliates harmless while performing services on projects obtained hereunder.
- CONFIDENTIALITY: Independent Contractor will not disclose any information related to the business of Confidential Consumer or the Services to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever, without the consent of Confidential Consumer. Independent Contractor will not disclose, during the course of the job assigned, that he/she is a contract employee, mystery/secret shopper or anything pertaining to the Services.
- CONFLICT OF INTEREST: Before accepting any assignment, the Independent Contractor must disclose to Confidential Consumer any conflict of interest related to such assignment, including any employment or other relationship with the Confidential Consumer client. If at any time Independent Contractor is, or becomes employed or has a relative or friend that is employed by a client, the Independent agrees to decline the assignment and/or notify Confidential Consumer of such employment.
- RETURN OF CONFIDENTIAL CONSUMER PROPERTY: On termination of this agreement, regardless of how termination is effected, or whenever requested by Confidential Consumer, Independent Contractor shall immediately return to Confidential Consumer all Confidential Consumer property, including, but not with limitation to all materials related to Confidential Consumer and used by Independent Contractor in rendering Services hereunder or otherwise, that is in Independent Contractor’s possession or under his/her control.
By violating any one of the above points, the Independent Contractor has voided the Agreement and assumes full responsibility for their actions.