I agree that I am an independent contractor to a GAPbuster group company (herein GAPbuster) and not an employee of GAPbuster Limited or any of its holding / subsidiary companies. I also agree to the following points under the Independent Contractor Agreement ("Agreement"):

1. I agree that I will not disclose or reveal to anyone that I am a mystery shopper. I will not disclose, in whole or part, any confidential or proprietary information of or belonging to GAPbuster or its clients to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever, without the express written consent of GAPbuster or its clients, as the case may be.
   
   
2. I agree to not disclose or reference or use for any purpose other than that prescribed, any GAPbuster or GAPbuster's client materials and/or information on social media including but not limited to Facebook, Twitter, Instagram, LinkedIn, Snapchat, online blogs, forums and mailing lists, or make the same public in any other way.
   
   
3. I undertake to keep in a secure place any notes or copies of reports and any video, audio recordings, photographs, emails, including documentation shared by GAPbuster for such period as directed by Gapbuster or for a period of 60 days from the date of sharing, whichever is longer.
   
   
4. I agree that as part of carrying out my assignment, I am expected to travel to different locations.
   
   
5. I agree that I will destroy the documentation mentioned in (3), upon completion of the assignment or as otherwise informed by GAPbuster.
   
   
6. I agree not to accept any assignments where there is the potential for conflict of interest. I understand that accepting assignments where there is a conflict of interest will be considered fraudulent and legal action may be taken against me.
   
   
7. I understand that GAPbuster may share its shoppers' personal information to ensure client employees are not conducting mystery shopping for that client. I understand that clients may dismiss contractors who conduct conflict of interest activities.
   
   
8. I confirm that I am not, and agree that during the term of this Agreement shall not become, a party to any agreement or subject to any obligation which would impede or prohibit the proper execution and observance of this Agreement.
   
   
9. I agree to comply with the assignment instructions and scenarios as provided by GAPbuster. I agree to complete the assignment on the scheduled day. I may change the assigned shop date if I suddenly cannot comply with the shop date selected, but I understand that it is my responsibility to immediately arrange a new shop time or date on the GAPbuster online Shopper Portal as soon as possible and prior to the scheduled shop time and date.
   
   
10. I agree to report in writing the results of my assignment within 8 hours of the agreed shop date and time of an assignment.
    
    
11. I understand that GAPbuster can terminate its relationship with me and remove me from the shopper database at any time for any reason without any prior notification.
    
    
12. Following such termination, GAPbuster shall not be liable for any further payments hereunder, other than any outstanding project fees and, if damages are caused to GAPbuster as a result of my inability or unwillingness to perform, or violation of the provisions of this Agreement, I shall be liable for such damages, including consequential and incidental damages, plus costs and attorney's fees.
    
    
13. I agree that while providing services hereunder I will be treated as an independent contractor (and not an employee) for purpose of federal, state and local taxes or any other applicable legislation and I will be solely responsible for all filing and payment obligations associated with such taxes, including but not limited to social security and self-employment taxes. I understand that failure to comply with these instructions may result in me not being paid for work completed.
    
    
14. I understand that payment is made at the end of the month following the month in which the valid assignment was completed.
    
    
15. I understand that GAPbuster pays all independent contractors via electronic funds transfer and that it is my responsibility to provide my bank account details to GAPbuster in order for me to be paid for the work completed.
    
    
16. I agree that I have never held any other GAPbuster shopper account.
    
    
17. I agree not to modify in any way the receipts I collect and submit to GAPbuster, nor will I fabricate receipts, nor will I submit false or untrue receipts.
    
    
18. I agree that I will not swap identities with other mystery shoppers.
    
    
19. I agree that I will not allow my GAPbuster shopper account to be used by anyone other than myself. In particular, I will not allow members of my family to use my GAPbuster shopper account.
    
    
20. I agree to keep my GAPbuster shopper account password private and confidential.
    
    
21. I agree to report to GAPbuster any attempt to use my password by another person that I learn of.
    
    
22. I acknowledge that I will not be paid for any assignments where:
    
    1. Receipts submitted by me are modified or untrue.
    2. I have not followed the assignment instructions.
    3. My assignment answers are untrue and I have not been honest in my responses.
    4. I have any connection to people who work at the store or for the client.
    5. I have more than one GAPbuster shopper account.
    6. An assignment has been done under the wrong shopper account.
    7. I have been uncooperative with GAPbuster staff.
    
    
23. I understand that my account will be closed if any of the things listed in point 22 of this agreement occur.
    
    
24. I agree that I am not an employee of any client of GAPbuster, nor have I been in the last 5 years.
    
    
25. I understand that as part of my engagement with GAPbuster for performing the assignments, GAPbuster may collect certain personal data belonging to me and process the same in accordance with the applicable data protection regulation.
    
    
26. I agree that I will not use the GAPbuster assignment web selection site for any purpose other than selecting assignments.
    
    
27. I agree that I am at least 18 years old.
    
    
28. I agree that all the personal details I have supplied are complete and correct.
    
    
29. I agree that as an independent contractor, I am not eligible and GAPbuster does not have a legal obligation to provide statutory employment insurance or any other type of insurance coverage to me and is not liable for any events of personal injury or liability caused by or experienced by me whilst completing work on behalf of GAPbuster.
    
    
30. I agree that as a self-employed individual I conduct assignments at my own risk and accept that GAPbuster or its clients, or partners shall not be liable in any manner whatsoever for any injury, damage, loss, that I may suffer due to any of my action or omission, while providing services or otherwise.
    
    
31. I will be an Independent Contractor of GAPbuster, and nothing in this Agreement shall be construed as creating an employer-employee relationship, as a guarantee of future employment or engagement, or as a limitation upon GAPbuster's sole discretion to terminate this Agreement at any time without cause.
    
    
32. I acknowledge and agree that Gapbuster and/or its clients hold all right, title and interest in and to, including, without limitation, any and all copyrights, the form questionnaire which I will use in completing my assignments, and to certain other documents, which I may be provided with from time to time by Gapbuster. Further, the names of Gapbuster's clients, the location of assignments, the questionnaires and information I compile using the questionnaires and/or any information gathered during an assignment (the "Confidential Information") are confidential and constitute trade secrets of Gapbuster. I will not disclose the Confidential Information or any part thereof, to any person, firm, corporation, association or other entity for any reason or purpose whatsoever, other than representatives of Gapbuster, without the prior written consent of Gapbuster. I agree that no right or license, implied under any patent, patent application, copyright, trademark, trade secret or other intellectual property right or confidential information is granted to me under this Agreement. I further acknowledge and agree that all of the Confidential Information is and shall continue to be the exclusive property of Gapbuster, whether or not prepared in whole or in part by me and whether or not disclosed to or entrusted to my custody during the performance of your services for Gapbuster.
    
    
33. GAPbuster will not be responsible for any accident including on-site project-related accidents or injuries, workers' compensation of any sort and/or insurance coverage, or any damages whatsoever relating to or arising out of my performance of services in connection with this Agreement.
    
    
34. I agree that I am responsible for carrying out and maintaining my own insurance to cover me to the extent applicable and required by law. I shall furnish to GAPbuster annually, or sooner upon request, with certificates of insurance evidencing such coverage.
    
    
35. I agree that I have secured the necessary licenses and bonds for performance of all services under this Agreement. I further warrant that the services I perform hereunder will be in accord with any statutes, regulations, ordinances or contracts applicable to such services and will be performed in accord with ordinary business custom and usage.
    
    
36. As an independent contractor at GAPbuster I shall indemnify GAPbuster in respect of any claim that may arises out of:
    
    1. Breach by me of any applicable laws & regulations, including any reasonable suspicion by GAPbuster of regulatory non-compliance by me;
    2. Fraud, wilful misrepresentation or gross negligence by me during course of my engagement with GAPbuster as an independent contractor;
    3. Infringement of any intellectual property belonging to GAPbuster or its clients, to which I may have access to and
    4. Any confidential information belonging to GAPbuster or its clients to which I may have access to.
    
    
37. The failure of either party to this Agreement to enforce any right under this Agreement will not be construed to be a waiver of that right, or of damages caused thereby, or of any other rights under this Agreement. This Agreement represents the entire agreement of the parties with respect to its subject matter hereof and there are no other agreements or understandings, either written or oral, with respect thereto. This Agreement may not be modified or amended except in writing signed by both parties.
    
    
38. I agree that that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, "Disputes") will be settled by binding arbitration except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and GAPbuster are each waiving the right to a trial by jury or to participate as a plaintiff or class user in any purported class action or representative proceeding.
    
    
39. This Agreement shall be governed and construed in accordance with the laws of []. Personal service of any summons, complaint or other process may be made by any means permitted by law.
    
    
40. I acknowledge and agree that I have read and accepted the terms and conditions of the Agreement.