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Independent Contractor Agreement

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By Registering on this website, you elect to place yourself on the CRG Bidder’s List and enter into an Agreement between the Consumer Research Group (“CRG”) and yourself as independent contractors with no employment association. CRG is in the business of providing management information to consumer-oriented companies. You are in the business of providing an objective assessment of such companies from the customer perspective (by describing your retail customer experience in the format specified in the CRG Customer Experience Report Form guidelines).

CRG is not your employer, and you will not be an employee of CRG.

Therefore, for good consideration both parties agree as follows:

  1. Relationship Between CRG and Yourself
    1. Your business relationship with CRG is as a self-employed, independent contractor and you may be required to provide proof as such. Any work that you perform for CRG is on an individual project basis. You and CRG have no on-going work responsibilities between projects.
    2. CRG will not supervise, control or direct your work, but we do reserve the right to reject the Assessment Report that you submit if you are unwilling or unable to correct issues involving the timeliness, completeness, accuracy, or honesty of the Customer Experience data that you provide on that report.
    3. As an independent contractor, you have the right to subcontract and hire assistants in the performance of a CRG project. However, in accordance with the confidentiality requirements of this Agreement, you must notify CRG of your intent, and your assistant must be bound by this Agreement.
    4. As an independent contractor, you will choose where and when you work on Projects awarded to you by CRG. You will provide your own tools and equipment to perform the work and complete the assessment report. You can have other individuals accompany you during the performance of CRG projects. You will determine the order and sequence to follow and your ability to make a profit or loss when performing the work.
    5. As an independent contractor, you are encouraged to provide the same or similar service to other companies (so long as you follow this Agreement and Federal Copyright laws that prevent you from disclosing any proprietary materials and/or other confidential information provided by CRG, including, but not limited to forms, methods, and clients of CRG).
  2. Assessment Agenda
    1. CRG will provide you with an Assessment Agenda for each month in which you have been awarded one or more CRG projects.
  3. CRG Project Awards
    1. As a member of the CRG Bidder’s List, you have sole discretion to bid on one or more of the available assessment projects that are periodically updated on the CRG website.
    2. Your bid will compete with that of other interested members of the CRG Bidder’s List. Currently a bid simply consists of a reply to CRG’s email request in which you will state which of the available stores and time periods that you would like to assess.
    3. The CRG award process will favor bidders who delivered good quality responses on prior assessment forms, and who agree to perform the assessment within CRG’s time and cost specifications.
    4. Due to time and cost constraints, CRG typically will not award tasks to bidders who propose a time frame and/or cost that exceeds our request
    5. If you are the successful bidder, CRG will provide you with an Assessment Agenda to confirm our acceptance of your choice of time frame, store location, flat fee rate, and special instructions for the assessment(s) that you intend to provide to CRG.
  4. Act in Good Faith
    1. Maintain your reputation of reliability by notifying CRG at your earliest opportunity of any significant likely impact to the schedule or performance of your projects -- such as inability to complete on time, or your personal relationships or disputes with the project client.
    2. Both parties will communicate with each other concerning projects in a timely and expedient manner
    3. Neither party shall misrepresent project information
    4. Neither party shall purposefully act in a way that would bring discredit upon the other party, our industry, or our clients -- such as leaking insider information to the public, or disrupting the normal workflow of our clients during performance of a project
    5. You must not directly contact a client about a project-related issue, or disclose your identity as a ProShopper to the project-client without express written consent of CRG.
    6. You must not accomplish projects while unnaturally impaired, such as from drugs, alcohol, or under extreme stress.
    7. Both parties agree to maintain project records for a period of at least 90 days and to cooperatively resolve project issues that arise during that period
  5. Confidentiality
    1. You are strictly and expressly prohibited by CRG and Federal Copyright and Trademark laws from sharing any proprietary materials and/or other confidential information provided by CRG, including, but not limited to assessment criteria, results, fees, forms, methods, procedures, and clients of CRG without express written permission from CRG.
    2. CRG will not share your personal or performance information with others without your express permission.
    3. Each Party acknowledges that damages for improper disclosure of Confidential Information may be irreparable. Therefore, the injured Party may be entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies available at law or in equity.
    4. Each Party agrees to protect this confidential information for a period of 5 years from the date that this agreement ends.
  6. Successful Project Completion
    1. You will conduct assessments anonymously with respect to the project-client, and complete them during the time frame specified in your Assessment Agenda.
    2. You will read all project guidelines/requirements and assessment forms prior to starting your assessment, and abide by them during your assessment.
    3. You will complete your assessment by filling out a CRG Customer Experience Report Form:
      1. within the time frame specified on your Agenda,
      2. by completing all fields on the CRG assessment form according to the form guidelines,
      3. with factual, objective, unbiased information, with all criticism being constructive, never derogatory, and all scores or ratings provided with exacting adherence to the assessment form guidelines,
      4. accompanied by a store receipt if specified in your Agenda to document the date, time, and purchase that you made was at the correct store location
  7. Finances
    1. For each successfully completed and submitted customer experience assessment form, CRG will pay you a flat fee per assessment, depending on the form's complexity. The amount of the flat fee for each project will be listed in your Agenda.
    2. If a purchase is required for a specific project, you will be reimbursed for that purchase by the retail client through the CRG payment process. The maximum value of the reimbursement for each project will be listed in your Agenda. In most cases, you will have a choice of required purchases. You will only be reimbursed for a project-required store purchase that is made in conjunction with an assessment form accepted by CRG.
    3. Payments for assessment reports that you successfully deliver to CRG will be accumulated throughout the month and distributed by CRG to you before the end of the following month.
    4. CRG does not pay for your time, effort, or incomplete projects, only for successfully completed projects.
    5. Because you are an independent contractor, CRG does not withhold any government taxes including income or social security taxes; does not provide any insurance coverage such as personal, auto, health, or disability insurance; does not provide worker's compensation coverage, pension, vacation/sick pay, nor any expenses involved in the performance of projects (other than the flat fee and project-required purchase reimbursement).
    6. You are solely responsible for any ongoing costs that you incur regardless of whether work is being performed for CRG. For example, you will need access to an industry standard web browser and/or phone to communicate on CRG projects, and access to personal or public transportation if you choose tasks that involve visiting retail locations.
  8. Liability
    1. The liability of CRG, its officers and employees which arise out of any act or omission on your part, whether negligent or not is strictly limited to the specific Fees and Purchase-Reimbursements described in Section 7.
    2. You and CRG hold each other harmless of any liability for damages of any kind resulting from the lawful conduct of a project.
  9. Termination
    1. This Agreement terminates when either party for any reason elects to remove your membership from the CRG Bidder's List for Assessment Tasks.
    2. Either party can terminate this Agreement without liability or penalty.
  10. Juristiction
    1. Both parties agree to attempt to resolve any dispute through negotiation as a first step.
    2. Both parties agree that the courts of San Antonio, Texas have jurisdiction over all disputes.

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