Mystery Shopper Application

The Service Quality Department retains shoppers to assist in gathering information regarding levels of customer service, sales skills, and product knowledge as well as overall employee performance. The shopper is and will continue to be a self-employed independent contractor and not an employee of The Service Quality Department. The shopper is not a partner, employee, joint venture, or affiliate of The Service Quality Department, and does not have the authority to accept orders for, bid or obligate The Service Quality Department in any way. When not performing the duties of a shopper for The Service Quality Department, the shopper is free to engage in any other activities that he/she desires. The shopper understands and agrees that he/she is not entitled to and will not receive any medical, dental, unemployment insurance, vacation or sick pay or any other employment benefit from The Service Quality Department. The shopper is responsible for providing insurance coverage necessary and appropriate to the conduct of the shopper's assignments with The Service Quality Department. The shopper is responsible for all licenses and permits necessary to carry out assignments in their State, County, or City. The shopper certifies that they have already obtained and are in possession of any licenses or permits necessary, in good standing, before accepting assignments with The Service Quality Department. The shopper agrees to be responsible for and to reimburse The Service Quality Department for any fines or penalties incurred as a result of the shopper not being in possession of the appropriate licenses or permits necessary to perform assignments. The shopper is responsible for payment of any and all federal, state, and local taxes on any fees that are paid to shopper by The Service Quality Department. The Service Quality Department will not withhold taxes from any fees payable to the Shopper, but will transmit a 1099 Miscellaneous form to the appropriate agencies at the appropriate times.

The shopper is responsible for his/her conduct and will comply with all applicable laws. The Service Quality Department will have no liability to any third party for any claims arising of the Shopper's actions, which may arise during the course of the shopper accepting, and fulfilling assignments provided by The Service Quality Department. The Shopper agrees to devote full attention during each assignment accepted from The Service Quality Department, and further agrees to conduct himself/herself in a professional manner and will exhibit professional behavior throughout the assignments).

The Service Quality Department will pay the shopper a reimbursement fee agreed upon in advance or may only pay an agreed upon reimbursement allowance per assignment. In most instances, the Shopper will be contacted regarding assignments via e-mail. The Shopper agrees to allow The Service Quality Department to contact them by any means of The Service Quality Department's choice, based upon the information provided on this application. The Shopper also understands that the information they provide in their application may be used to select them for specific assignments based upon this demographic information and consents to such. All assignments provided will clearly state the compensation available. Shopper has the option to accept or decline any assignment. The Shopper's fee and/or reimbursement will be paid to the Shopper within 30 days upon satisfactory completion of the assignment requirements. Shopper's compensation and reimbursement will be paid by check, delivered via US Mail.

The shopper understands that they may be required to pay a reinstatement fee if they fail to perform assignments they have accepted. This fee will be at the sole discretion of The Service Quality Department. Failure to pay this fee may result in suspension of all shopper privileges and withholding of all payments owed the shopper, up to the amount of the reinstatement fee.

Shopper understands and agrees that all records, reports, documents, files, instructions and all other documents relating to specific assignments and The Service Quality Department business, 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 The Service Quality Department. Upon termination of this agreement, Shopper shall immediately return to The Service Quality Department all original and copies of such documents. In providing services to The Service Quality Department, the shopper acknowledges that he/she will have access to or knowledge of information of a confidential nature and fully agrees that he/she will not disclose to any individual or business entity the information concerning The Service Quality Department clients, methods, trade practices, evaluation results or any information deemed by The Service Quality Department to be confidential for the purposes of this agreement. The Service Quality Department shall be entitled to a preliminary injunction restraining the shopper from a breach or threatened breach, including recovery of damages from the Shopper.

This agreement is not assignable without the prior written approval of The Service Quality Department. This agreement contains the entire agreement of the parties, and may only be amended with signatures of both parties, and shall be governed by the laws on the State of California. This agreement is subject to revision by The Service Quality Department, without notice, at any time in the future. By accepting assignments, Shopper agrees to accept the terms and conditions of the most recent revision of this agreement.

Submitting this application is not a guarantee that you will receive an assignment from us. We will notify you of potential assignments via e-mail. Once you have accepted an assignment, we will provide you with a web address and password to access the details of the assignment. Generally, all reporting is completed by the shopper via our web site. Shoppers who do not submit thorough reports in a timely manner or for other reasons, at the sole discretion of The Service Quality Department, may be removed from our database of active shoppers without prior notice.

I understand that I am applying for membership in the GOLD LEVEL PREMIUM SHOPPING PROGRAM.

I understand that, if accepted, I will be charged a one-time fee for this premium level of service. Acceptance into this program is not a guarantee of work, and my status will not change from that of an independent contractor of Customer Loyalty Builders, Inc. and their affiliate companies. Members in good standing may request a complete refund of all membership fees, less any premium payment awards, at any time.

MEMBERSHIP
In order to be a GOLD LEVEL PREMIUM SHOPPER, you must be a registered mystery shopper with The Service Quality Department.

I understand that my membership will be valid as long as I complete all assigned shops to the best of my ability. In the event that I fail to truthfully complete an assignment, abandon an assignment, submit inadequate or incomplete reporting, or fail to give adequate notice of a cancellation, my membership may be revoked without notice or refund. My membership privileges may be suspended or cancelled at any time in the future at the sole discretion of Customer Loyalty Builders, Inc. and their affiliate companies and may not be refundable in whole or in part.

REFUND OF MEMBERSHIP FEES
A member in good standing may request a refund of their membership fees at any time. Members not in good standing are ineligible for a refund of fees.

ADDITIONAL SERVICE LEVELS
I understand that I will receive access to enhanced services as part of my membership. I also understand that these enhancements are subject to change without notice and at the sole discretion of Customer Loyalty Builders, Inc. and their affiliate companies.

OTHER TERMS AND CONDITIONS
I understand that Customer Loyalty Builders, Inc. and their affiliate companies will determine the outcome of any disputes which arise from my membership in this program. I agree to waive my right to take any recourse or other legal action against Customer Loyalty Builders, Inc. and hold them harmless for any damages or losses which I may experience as a result of my participation in this program. At the most, Customer Loyalty Builders, Inc. will be liable for the amount I paid as a membership fee. I understand that this agreement is subject to revision, without notice, at any time.

I understand that I am applying for membership in the PLATINUM LEVEL PREMIER SHOPPING PROGRAM.

MEMBERSHIP
In order to be considered for membership, I must be registered as a mystery shopper. I also understand that membership in the PLATINUM LEVEL PREMIER SHOPPER PROGRAM is limited to no more than 10% of the active shoppers registered. In the event that memberships are not available due to this restriction, I will be notified via E-mail and placed on a waiting list, based on the order in which my application was submitted.

REFUND OF MEMBERSHIP FEES
A member in good standing may request a refund of their membership fees at any time. Their original membership fee will be refunded, less any premium payments made as compensation. Members not in good standing are ineligible for a refund of fees.

Part of the PLATINUM LEVEL PREMIUM SHOPPER membership includes additional (premium) compensation for mystery shopping jobs performed. This premium will vary from job to job and market to market at the sole discretion of Customer Loyalty Builders, Inc.

OTHER TERMS AND CONDITIONS
I understand that Customer Loyalty Builders, Inc. and their affiliate companies will determine the outcome of any disputes which arise from my membership in this program. I agree to waive my right to take any recourse or other legal action against Customer Loyalty Builders, Inc. and hold them harmless for any damages or losses which I may experience as a result of my participation in this program. At the most, Customer Loyalty Builders, Inc. will be liable for the amount I paid as a membership fee, less any premium compensation. If I have been paid an amount equal to or greater than the membership fee in premium compensation, no refund will be made. I understand that this agreement is subject to revision, without notice, at any time.