Please read this independent contractor agreement carefully before completing the online application that follows. This agreement sets forth the terms and conditions of your relationship with Service Performance Group Inc., (hereinafter referred to as “SPG”).

1. Individuals (hereafter “shoppers” or “shopper”) who accept assignments from SPG, are independent contractors and are NOT employees or agents of SPG, and SPG is not your employer. SPG may request your services from time to time on an assignment basis. You are always free to provide your services to other mystery shopping companies.


2. SPG will not withhold income, social security, or any other taxes from any compensation you are due or may receive from SPG, and SPG will not pay any other taxes on your behalf. You are solely responsible for any taxes due from any compensation you receive from SPG. If your total compensation from SPG exceeds $599.00 (five hundred and ninety-nine dollars) in a calendar year, SPG will issue you a 1099 form, in compliance with IRS tax law.


3. A scheduling representative from SPG may contact you to offer mystery shopping or other assignments. You are under no obligation to accept any assignments offered and SPG is under no obligation to provide you with any assignments.


4. The compensation for each assignment offered by SPG is clearly stated during the scheduling and confirmation process. In addition to compensation, there may be other considerations offered with specific assignments that hold value for you.


5. SPG assignments may require out-of-pocket purchases. Shoppers are reimbursed for such purchases, up to the maximum limit as set forth in the scheduling and confirmation process. All reimbursements require a valid, accurate receipt, and the shopper understands that reimbursement may be withheld if such a receipt is not provided to SPG.


6. The guidelines set forth by SPG for each assignment pertain only to the data or other information requested by our clients, and not to the specifics of how you conduct the assignment. Shoppers will only be paid upon SPG receiving the mystery shop evaluation or other information within the time frame specified and agreed upon, and per the guidelines as set forth by our clients. If any evaluation or other information relevant to an assignment is not received within the timeframe or per the client’s guidelines, the shopper understands that they may not be paid for that assignment.


7. Periodically, shoppers are asked to put themselves or their property in situations from which a dispute may result, for example: an auto repair that may not have been done correctly, body damage to one's car in a parking lot, a bad haircut, food poisoning, improperly cleaned carpet or upholstery, etc. These random, unforeseeable situations are rare, but even when they occur in connection with an evaluation or mystery shop; they are not SPG’s or its client’s fault or responsibility. Your recourse is to contact the establishment (only after you receive permission from us) to resolve the issue just as you would with any other consumer complaint. We will attempt to assist you as well. Ultimately, as an independent contractor, the risk you undertake is your own. You should contact your insurance company with any questions or claims.


8. If an evaluation involves the drinking of alcohol, you may refuse the assignment. If you accept an evaluation that requires the drinking of alcohol, you must either take a designated driver with you and/or minimize your intake so that you can be sure of driving legally and safely. As an independent contractor performimg work, it is YOUR responsibility to ensure that you do not drive while impaired.


9. As an independent contractor, you agree that you are responsible for having your own insurance for whatever type of activity you might be involved with while performing contract work on behalf of SPG.


10. Payments for assignments completed successfully will be made primarily via Pay Pal, www.paypal.com, an online payment service. Only in select instances will a check be mailed. It is the independent contractor’s responsibility to review all Pay Pal guidelines and establish their own account before accepting assignments from SPG.


11. Payments will be issued between 30 and 45 days from the date of your completed assignment per the guidelines for that assignment. SPG reserves the right to revise this schedule at its discretion.


12. Independent contractors performing contract work on behalf of SPG agree that all information whether verbal or written is of a proprietary nature and important to SPG Inc.'s competitive position. Shopper agrees not to discuss formats, processes or work performed on behalf of SPG Inc. with other companies conducting services of a like nature. Shopper agrees not to duplicate or disseminate any of SPG or its client’s materials, or any part thereof, in any way or form, without prior written consent of SPG.


13. If you are a current or ex-employee, or a friend or an immediate family member of an SPG client, you agree not to accept any mystery shopping or other assignments of the named client.


14. Neither SPG, nor its clients are liable for any accidents, injuries, losses, legal liabilities, physical actions, or other negative occurrences to the shopper before, during or after the evaluation or when visiting a client’s location, and/or utilizing a client's product or service. Furthermore, the shopper agrees to indemnify and hold harmless and make no claim against SPG, its employees, agents or other representatives, and its clients, relevant to any claim asserted against another party. The shopper hereby expressly agrees that SPG’s clients are intended third-party beneficiaries to this Agreement, with all legal rights to enforce this Agreement, but without any obligation to either party. This Agreement shall be governed by the laws of the State of North Carolina.


15. In the event you are unable to perform an accepted assignment, you agree to notify SPG promptly by phone and email to your scheduler so that the assignment can be offered to another shopper.


16. I understand that by clicking “I Agree” below, I am expressing my interest in participating in assignments from SPG as an independent contractor, and not as an employee or agent of SPG in any way. If my services are retained, I will be solely responsible for reporting all income received from SPG, and for paying all pertinent federal, state, and local taxes, and any other taxes and/or assessments levied by governmental authorities, as well as all other pertinent liabilities or payments. I understand that during my participation in the assignment(s), I will remain free to perform services for any other person or business, so long as I abide by the terms and conditions stated herein. I also understand that my participation is not guaranteed, that SPG may discontinue my services at any time and for any reason with or without notice. I certify that all information given on the shopper application is complete, accurate and true, and that any falsification of information on this questionnaire and/or failure to supply requested information will result in disqualification from the program.