Mystery Shopper Agreement

PerformaLogics Inc. ("PerformaLogics")

PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT , CLICK THE “DO NOT ACCEPT” BUTTON.

  1. Duties: PerformaLogics agrees to engage you to perform mystery shopping services (“Mystery Shopping Services”), namely, monitoring and evaluating shops and reporting customer service levels to PerformaLogics in accordance with the instructions set by PerformaLogics on a shop by shop basis. You will log onto the PerformaLogics website located at www.PerformaLogics.com and review any last minute instructions prior to performing any Mystery Shopping Services. PerformaLogics shall set deadlines for the performance of the Mystery Shopping Services at the beginning of each month and you agree that you will make yourself aware of these deadlines and will complete all the Mystery Shopping Services by the deadline. Reports must be sent to PerformaLogics within twenty-four (24) hours of monitoring the shops and PerformaLogics may reject, in it its sole discretion, any reports generated from the Mystery Shopping Services that are not in compliance with PerformaLogics instructions.
  2. Representation: All mystery shops can only be performed by the shopper that was hired to complete these shops. A shopper asking any other person to complete their assignments on their behalf is considered to be misrepresentation or fraud and may be subject to legal action by PerformaLogics Inc. This includes completing the assignments, filing reports or any other activity that a shopper is claiming to have completed for PerformaLogics or their clients.
  3. Compensation: PerformaLogics shall compensate you for all Mystery Shopping Services at the rate as specified for each assignment. The number of assignments per month is not subject to any guaranteed minimum. PerformaLogics shall not be liable to you for any expenses incurred by you except those pre-authorized by PerformaLogics.
  4. Independent Contractor Status: The relationship of PerformaLogics and you established by this Agreement is that of independent contractors. You have no authority to act on behalf of or enter into any contract, incur any liability or make any representation on behalf of PerformaLogics. You agree that you are responsible for all financial disbursements for transportation, income taxes, vehicle insurance, and worker's compensation.
  5. Warranty: You agree to do everything possible and required to protect and maintain a high ethical standard in the conduct of performing the Mystery Shopping Services for PerformaLogics. Without limiting the generality of the foregoing, you shall maintain a proper attitude towards the public, PerformaLogics and its fellow PerformaLogics mystery shoppers and associates and you agree to dress appropriately for all shops in which Mystery Shopping Services are performed for PerformaLogics. You acknowledge that adherence to procedures, policies and rules as provided by PerformaLogics from time to time is a material term of this Agreement.
  6. Legal Compliance and Waiver: You further agree that while carrying out the duties of the Agreement, you shall abide by all national, provincial/state and local laws governing mystery shopping services and the rules of conduct established under provincial/state and federal statutes. Without limiting the generality of the foregoing, you agree to maintain automobile insurance in an amount equal to the minimum amount required by law and that you will bear all responsibilities for any damage, injury or death involving an accident by you.
  7. Indemnity: You agree to indemnify, hold harmless and, upon PerformaLogics's request, defend PerformaLogics and its directors, officers, employees and agents from and against all loss, liability, damages, claims and expenses, arising out of claims or suits for damage or injury to persons or property in connection with, in whole or in part (i) any negligent act, omission, or willful misconduct of you in the performance of the Mystery Shopping Services or (ii) your failure to comply with federal, state/provincial or local law.
  8. Confidentiality: All observations, information, materials and documentation of any kind or nature pertaining to the clients of PerformaLogics acquired, obtained or discovered by you in the course of performing the Mystery Shopping Services, shall at all times, both during such engagement and thereafter, be kept in the strictest confidence. All such observations, information, materials and documentation shall at all times be and remain the property of PerformaLogics, and except as may be directed by PerformaLogics, you shall not at any time, during such engagement or thereafter, disclose same by any means to any other person, firm or corporation. This includes your user name and password for the PerformaLogics website. It is acknowledged that you owe a duty of confidentiality both to PerformaLogics and to the clients of PerformaLogics, and that breach of such duty of confidentiality could foresee ably lead to serious damage to the business and reputation of PerformaLogics and/or its clients.
  9. Restricted Business Practices:

    In the performance of Mystery Shopping Services under this Agreement, you may become familiar with confidential information of PerformaLogics and its clients. Therefore, you hereby acknowledge that you could cause grave harm to PerformaLogics if you provided similar mystery shopping services for a competitor in certain circumstances. Accordingly, in addition to other restrictions imposed by this Agreement, you agree during the term of this Agreement and for a period of six (6) months thereafter, not to engage directly or indirectly, whether as principal, director, senior employee or contractor in the capacity of managing other mystery shoppers, editing mystery shopper reports prepared by others, or scheduling mystery shoppers, individually or in combination with any other individual, corporation or other entity, in any business located within Canada and the United States which competes with the business of PerformaLogics by providing similar mystery shopping or competitive intelligences services. You hereby acknowledge and agree that Mystery Shopping Services are intended to be sold by PerformaLogics to its clients throughout Canada and the U.S. Accordingly, you agree that these restrictions are reasonable.

    Furthermore, you may not be a Mystery Shopping contractor if you provide products or services for our clients. If you provide products or services for any PerformaLogics' Mystery Shopping client, you are required to notify Performalogics prior to commencing work or providing services with the client. Failure to notify PerformaLogics may result in immediate termination and non payment for any services you have provided. Providing services includes, but is not limited to, full or part time employment, working as an independent contractor or consultant or by providing any other work or services to the client. This also includes working for any other third party organization were your work involves providing products services to our clients.

  10. Injunctive Relief: You recognize and acknowledge that any breach or threatened breach of the provisions of this Agreement may cause PerformaLogics irreparable harm for which monetary damages may be inadequate. You agree, therefore, that PerformaLogics shall be entitled to an injunction to restrain you from such breach or threatened breach. Nothing in this Agreement shall be construed as preventing PerformaLogics from pursuing any remedy at law or in equity for any breach or threatened breach of this Agreement.
  11. Term/Termination: This Agreement shall commence on the date first written on the Agreement and shall continue in full force and effect for one year unless terminated earlier pursuant to this Agreement. Either party may terminate this Agreement at any time for any reason, without cause by giving the other party five (5) days written notice of termination. PerformaLogics may immediately terminate this Agreement in the event of a breach of a material term of this Agreement including, without limiting the generality of the foregoing, a breach or threatened breach of paragraphs 4, 7 or 8 of this Agreement. Termination shall have no effect on the parties obligations and rights under paragraphs 4, 7 and 8 of this Agreement
  12. General: This Agreement reflects the entire and exclusive agreement between the parties and supersedes all other agreements regarding this subject matter, whether written or verbal. PerformaLogics reserves the right to change this Agreement at any time by posting a new version on the PerformaLogics website. Your continued provision of Mystery Shopping Services after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of conduct or trade practice between the parties. This electronic document or a hard-copy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. PerformaLogics reserves the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude enforcement of it by PerformaLogics on future occasions. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta , Canada , and any action shall be initiated and maintained in a forum of competent jurisdiction in Calgary , Alberta.

Note: In order to be activated as a shopper, you must first click "I accept" below. You will then be directed to the main application page. If you do not accept this agreement you will be directed back to our homepage.

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