INDEPENDENT CONTRACTOR’S AGREEMENT FOR MYSTERY SHOPPERS (THE “AGREEMENT”)
GLOBAL SURVEYS, OFFERS TO CONTRACT WITH YOU AS A NON-EXCLUSIVE SHOPPING REPRESENTATIVE OTHERWISE KNOWN AS A MYSTERY SHOPPER HEREUNDER ACCORDING TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY REGISTERING WITH US TO BE A MYSTERY SHOPPER, YOU SHOULD INDICATE YOUR ACCEPTANCE AND AGREE TO ITS TERMS AND CONDITIONS BY CLICKING THE “ACCEPT” BUTTON BELOW, YOU ARE LEGALLY ACCEPTING ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND SUCH ACCEPTANCE SHALL BE CONSIDERED AS EXECUTING AND SIGNING THE AGREEMENT. IF YOU CLICK THE “REJECT” BUTTON, THIS AGREEMENT WILL BE NOT CONCLUDED AND YOU WILL NOT BE CONTRACTED AS GLOBAL SURVEYS MYSTERY SHOPPER.
TERMS & CONDITIONS OF THE AGREEMENT
SECTION 1. APPOINTMENT AND RESPONSIBILITIES
1.1 GLOBAL SURVEYS IS CONTRACTING WITH YOU TO ACT AS A MYSTERY SHOPPER, AND YOU WILL BE REQUIRED TO USE THE SERVICES OR PURCHASE THE PRODUCTS OF ONE OF GLOBAL SURVEYS DESIGNATED CLIENTS (THE “PROJECT”). FOR THE PROJECT, YOU WILL RENDER THE FOLLOWING SERVICES, TAKING CARE TO USE YOUR BEST EFFORTS AND SKILLS AND FAITHFULLY, COMPLETELY, PROFESSIONALLY AND DILIGENTLY SERVE GLOBAL SURVEYS AND ACT IN ITS BEST INTERESTS:
(I) PRESENT YOURSELF AT CLIENT LOCATION AS A CUSTOMER OF THE SPECIFIED PRODUCT OR SERVICE.
(II) OBSERVE AND EVALUATE THIS SPECIFIED PRODUCT OR SERVICE.
(III) PROVIDE AN OBJECTIVE, FACTUAL AND DETAILED WRITTEN REPORT ON YOUR OBSERVATIONS OR INTERACTIONS FOLLOWING A FORM PROVIDED TO YOU BY GLOBAL SURVEYS
(IV) SUBMIT YOUR REPORT ONLINE AS REQUESTED BY GLOBAL SURVEYS; AND
(V) COMPLETE YOUR PROJECT AND SUBMIT YOUR REPORT WITHIN THE TIME LIMITS PROVIDED TO YOU BY GLOBAL SURVEYS.
1.2 ANY AND ALL INFORMATION OBTAINED THROUGH SHOPPING PROJECTS, CONTACT WITH GLOBAL SURVEYS STAFF, GLOBAL SURVEYS WEBSITE OR CLIENTS WILL NOT BE RELEASED OR USED FOR PERSONAL GAIN. SUCH INFORMATION IS STRICTLY CONFIDENTIAL BUSINESS INFORMATION.
1.3 IF YOU OR ANY MEMBER OF YOUR FAMILY OR FRIENDS ARE CURRENTLY OR PREVIOUSLY EMPLOYED BY A GLOBAL SURVEYS’S CLIENT, YOU WILL INFORM GLOBAL SURVEYS AND DECLINE ANY EVALUATIONS OFFERED TO YOU FOR THIS CLIENT. YOU SHALL ALSO INFORM AND DECLINE ANY EVALUATION OFFERED TO YOU FOR A GLOBAL SURVEYS CLIENT LOCATED IN THE SAME SHOPPING CENTER, MALL OR STRIP CENTER WHERE YOU ARE PRESENTLY OR PREVIOUSLY EMPLOYED. YOU UNDERSTAND THAT YOU WILL NOT BE CONTRACTED WITH TO CONDUCT EVALUATIONS INVOLVING THESE CIRCUMSTANCES DUE TO A POTENTIAL CONFLICT OF INTEREST.
1.5 UNDER NO CIRCUMSTANCES SHALL YOU DIVULGE TO THE CLIENT’S PERSONNEL YOUR ACTIVITIES ARE ON BEHALF OF GLOBAL SURVEYS, GLOBAL SURVEYS WILL INFORM YOU THE LOCATIONS AND DIRECTIONS FOR YOUR SHOPPING PROJECT. YOU SHALL FULLY COMPLETE PROJECT AND RETURN REQUIRED REPORTS TO GLOBAL SURVEYS BY THE SPECIFIED DUE DATES.
1.6 GLOBAL SURVEYS RESERVES THE RIGHT TO ENGAGE OTHERS TO PROVIDE SIMILAR AND/OR IDENTICAL SERVICES IN THE SAME GEOGRAPHICAL AREA AND/OR SAME STORES WITHOUT OBLIGATION TO YOU.
SECTION 2. TERM AND COMPENSATION
2.1 THE ANTICIPATED TERM OF THIS AGREEMENT SHALL COMMENCE ON THE DATE YOU ACCEPT THESE TERMS AND CONDITIONS. THE TERM OF THIS AGREEMENT SHALL CONTINUE UNTIL THE PROJECT IS COMPLETED TO THE SATISFACTION OF GLOBAL SURVEYS.
2.2 FOR ACTING AS AN INDEPENDENT CONTRACTOR “MYSTERY SHOPPER” GLOBAL SURVEYS WILL PAY YOU THE SUM STATED IN THE PROPOSAL PROVIDED TO YOU FOR THE PROJECT (THE “FEE”). YOU WILL BE PAID THE FEE BY THE END OF THE MONTH FOR THE PREVIOUS MONTH’S PROJECT AFTER GLOBAL SURVEYS’S ACCEPTANCE, IN ITS REASONABLE DISCRETION, OF YOUR COMPLETED REPORT. IN THE EVENT YOU DO NOT RECEIVE FULL CREDIT FOR ANY ITEM OR SERVICES WHICH YOU PURCHASE WITH YOUR FUNDS AT THE DIRECTION OF GLOBAL SURVEYS (THE “FUNDS”) GLOBAL SURVEYS WILL REIMBURSE YOU SUCH FUNDS AND ANY SALES TAX ASSOCIATED WITH THAT PURCHASE PROVIDED YOU DELIVER TO GLOBAL SURVEYS THE ORIGINAL SALES RECEIPT.
2.3 YOU ACCEPT THAT IF YOU FAIL TO COMPLY WITH THE CODE OF ETHICS (AS SET OUT IN SECTION 7 BELOW) OR TO CARRY OUT THE PROJECT IN STRICT ACCORDANCE WITH THE TRAINING, BRIEFS AND OTHER PROVIDED INSTRUCTIONS, REDUCED OR NO PAYMENT MAY BE MADE FOR THE PROJECT AND IN SUCH CASES GLOBAL SURVEYS RESERVES THE RIGHT NOT TO OFFER FURTHER MYSTERY SHOPPING PROJECTS.
SECTION 3. RELATIONSHIP OF THE PARTIES
3.1 YOU ACKNOWLEDGE THAT YOU INTEND NOT TO BE TREATED AS AN EMPLOYEE OF GLOBAL SURVEYS. YOU FURTHER ACKNOWLEDGE THAT GLOBAL SURVEYS’S MYSTERY SHOPPERS ARE INDEPENDENT CONTRACTORS, NOT COMPANY EMPLOYEES. THIS MEANS THAT YOU MYSTERY SHOP AS A FREELANCER AND ARE PAID A PREDETERMINED FEE FOR THE PROJECT YOU SUCCESSFULLY COMPLETE.
3.2 YOU RETAIN CONTROL OVER YOUR SCHEDULE AND THE PROJECT(S) YOU ACCEPT. AS AN INDEPENDENT CONTRACTOR, YOU ARE NOT ELIGIBLE FOR COMPANY BENEFITS SUCH AS INSURANCE COVERAGE, UNEMPLOYMENT COMPENSATION, OR WORKER’S COMPENSATION, AND YOU’RE RESPONSIBLE FOR YOUR OWN TAX WITHHOLDING AND TAX LIABILITY (IF ANY).
3.3 YOU ACKNOWLEDGE AND AGREE THAT YOUR RELATIONSHIP WITH GLOBAL SURVEYS IS THAT OF AN INDEPENDENT CONTRACTOR PERFORMING YOUR SERVICES UNDER THIS AGREEMENT. NOTHING IN THIS AGREEMENT OR OTHERWISE SHALL BE CONSTRUED AS CONSTITUTING YOU AS AN AGENT, EMPLOYEE, PARTNER, FRANCHISEE OR LEGAL REPRESENTATIVE OF GLOBAL SURVEYS FOR ANY PURPOSE WHATSOEVER. YOU, ACTING AS A MYSTERY SHOPPER UNDER THIS AGREEMENT, ARE NOT AUTHORIZED TO TRANSACT BUSINESS, INCUR OBLIGATIONS, SELL GOODS OR SERVICES, RECEIVE PAYMENTS, SOLICIT ORDERS OR SIGN OR CREATE ANY OBLIGATIONS OF ANY KIND, EXPRESS OR IMPLIED, ON BEHALF OF GLOBAL SURVEYS OR TO BIND IN ANY WAY WHATSOEVER OR TO MAKE ANY PROMISE, WARRANTY OR REPRESENTATION ON BEHALF OF GLOBAL SURVEYS EXCEPT AS EXPRESSLY AUTHORIZED IN WRITING BY GLOBAL SURVEYS
3.4 YOU WILL USE YOUR OWN EQUIPMENT TO UNDERTAKE THE PROJECT ON YOUR OWN TIME AND TO PRODUCE THE REPORT.
SECTION 4. TRADE SECRETS AND PROPRIETARY INFORMATION
4.1 YOU ACKNOWLEDGE THAT INFORMATION CONCERNING GLOBAL SURVEYS’S TEST SHOPPING AND RESEARCH SERVICES AND TECHNIQUES, INCLUDING THE NAMES AND ADDRESSES OF GLOBAL SURVEYS’S CUSTOMERS AND THEIR STORES, THE AMOUNT OF SALES, THE TYPES OF PRODUCTS, PROJECTED MARKET NEEDS, MARKET HABITS AND CONCLUSIONS OF YOUR SHOPPING EVALUATIONS (COLLECTIVELY “CONFIDENTIAL INFORMATION”) IS OF GREAT VALUE TO GLOBAL SURVEYS, WOULD BE OF GREAT VALUE TO COMPETITORS OF GLOBAL SURVEYS, IS NOT COMMON KNOWLEDGE, HAS BEEN DEVELOPED THROUGH SUBSTANTIAL EFFORT AND SUBSTANTIAL EXPENDITURE OF MONEY, AND COULD NOT BE PROPERLY ACQUIRED OR DUPLICATED BY OTHERS WITHOUT CONSIDERABLE DIFFICULTY. ACCORDINGLY, YOU ACKNOWLEDGE THAT ANY SUCH INFORMATION IS CONFIDENTIAL BUSINESS INFORMATION. YOU SHALL NOT, DURING OR AFTER THE TERM OF THIS AGREEMENT, DISCLOSE ANY SUCH CONFIDENTIAL INFORMATION OR USE ANY SUCH CONFIDENTIAL INFORMATION EXCEPT FOR THE PURPOSES OF YOUR PERFORMANCE UNDER THIS AGREEMENT.
4.2 YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT DISPLAY OR USE IN ANY MANNER THE GLOBAL SURVEYS’S TRADEMARKS AND LOGOS OR ANY OTHER RELATED LOGOS, SERVICE MARKS AND PRODUCTS WITHOUT THE PRIOR WRITTEN CONSENT OF GLOBAL SURVEYS.
4.3 YOU UNDERSTAND AND AGREE THAT ANY AND ALL ORIGINAL WORKS THAT YOU AUTHOR (SOLELY OR JOINTLY WITH OTHERS) WITHIN THE SCOPE OF THIS AGREEMENT AND WHICH ARE PROTECTABLE BY COPYRIGHT ARE DEEMED TO BE “WORKS MADE FOR HIRE”. YOU FURTHER AGREE TO KEEP AND MAINTAIN CURRENT WRITTEN RECORDS OF ALL ORIGINAL WORKS WHICH YOU AUTHOR (SOLELY OR JOINTLY WITH OTHERS) DURING THE TERM OF THIS AGREEMENT. THESE RECORDS WILL BE IN THE FORM OF NOTES, SKETCHES, DRAWINGS, OR ANY OTHER FORMAT THAT MAY BE SPECIFIED BY GLOBAL SURVEYS OR KEPT BY YOU. THE RECORDS SHALL BE MADE AVAILABLE TO AND REMAIN THE SOLE PROPERTY OF GLOBAL SURVEYS AT ALL TIMES.
4.4 UPON TERMINATION OF THIS AGREEMENT AND CONTINUING THEREAFTER, YOU WILL COOPERATE WITH GLOBAL SURVEYS TO ASSURE THAT GLOBAL SURVEYS KNOWS ABOUT THE PROJECT ON WHICH YOU HAVE BEEN WORKING. UPON THIS AGREEMENT’S TERMINATION AND PROMPTLY UPON GLOBAL SURVEYS’S REQUEST YOU WILL SURRENDER TO GLOBAL SURVEYS ALL MEMORANDA, NOTES, RECORDS, DRAWINGS, SKETCHES, MODELS, LISTS, SUMMARIES, NOTEBOOKS AND OTHER DATA AND RECORDS OF ANY KIND THAT ARE IN YOUR POSSESSION OR UNDER YOUR CONTROL RELATING TO YOUR SERVICES TO GLOBAL SURVEYS, AND YOU AGREE THAT ALL SUCH MATERIALS RELATING TO YOUR SERVICES UNDER THIS AGREEMENT IS THE PROPERTY OF GLOBAL SURVEYS.
4.5 IN THE EVENT OF A BREACH OR THREATENED BREACH BY YOU UNDER THE PROVISIONS OF THIS SECTION, IN WHOLE OR IN PART, YOU AGREE THAT GLOBAL SURVEYS SHALL BE IRREPARABLY DAMAGED AND SHALL BE ENTITLED TO AN INJUNCTION FROM A COURT OF COMPETENT JURISDICTION RESTRAINING YOU FROM SUCH CONDUCT OR FROM RENDERING SERVICE TO ANY PERSON, FIRM, CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY TO WHOM SUCH INFORMATION, IN WHOLE OR IN PART, HAS BEEN DISCLOSED OR IS THREATENED TO BE DISCLOSED. ANY ACTION ARISING UNDER THIS SECTION SHALL BE BROUGHT IN THE DUBAI COURTS, DUBAI, UNITED ARAB EMIRATES AND YOU HEREBY CONSENT TO SUCH JURISDICTION AND VENUE AND CONSENT TO SERVICE OF PROCESS FROM SUCH COURTS. NOTHING HEREIN SHALL BE CONSTRUED AS PROHIBITING GLOBAL SURVEYS FROM PURSUING ANY OTHER REMEDIES AVAILABLE TO IT FOR SUCH A BREACH OR THREATENED BREACH, INCLUDING BUT NOT LIMITED TO THE RIGHT OF DAMAGES FROM YOU.
4.5 YOU ARE AWARE OF NO OBLIGATIONS, LEGAL OR OTHERWISE, INCONSISTENT WITH THE TERMS OF THIS AGREEMENT WITH GLOBAL SURVEYS. YOU WILL NOT DISCLOSE TO GLOBAL SURVEYS, OR USE, OR INDUCE GLOBAL SURVEYS TO USE, ANY PROPRIETARY INFORMATION OR TRADE SECRETS OF OTHERS. YOU REPRESENT AND WARRANT THAT YOU HAVE RETURNED ALL PROPERTY AND CONFIDENTIAL INFORMATION BELONGING TO ALL PRIOR CLIENTS, CUSTOMERS AND EMPLOYERS.
SECTION 5. LIMITATION OF LIABILITY
AS AN INDEPENDENT CONTRACTOR ACTING AS A MYSTERY SHOPPER UNDER THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT GLOBAL SURVEYS SHALL NOT BE LIABLE TO YOU, YOUR ESTATE, HEIRS, SUCCESSORS OR ASSIGNS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OR IN RELATION TO THE MYSTERY SHOPPING PROJECT INCLUDING BUT NOT LIMITED TO, (1) DAMAGES FOR INJURY OR LOSS OF LIFE, (2) MONETARY DAMAGES EXCEPT THAT GLOBAL SURVEYS REMAINS OBLIGATED TO MAKE ALL APPROPRIATE PAYMENTS TO YOU OF FEES OR FUNDS REQUIRED UNDER SECTION 2, AND (3) ANY OTHER INTANGIBLE LOSSES RESULTING FROM (I) THE SERVICES YOU OR YOUR AGENTS RENDER AS AN INDEPENDENT CONTRACTOR ON BEHALF OF GLOBAL SURVEYS UNDER THIS AGREEMENT, (II) THE USE BY GLOBAL SURVEYS OF ANY INFORMATION INCLUDING DATA OR OTHER TRANSMISSIONS YOU PROVIDE TO GLOBAL SURVEYS IN YOUR REGISTRATION WITH GLOBAL SURVEYS TO ACT AS A MYSTERY SHOPPER REGARDLESS OF HOW THAT INFORMATION INCLUDING YOUR DATA OR TRANSMISSIONS IS SUBMITTED TO GLOBAL SURVEYS, (III) THE UNAUTHORIZED USE OR ACCESS OR ALTERATION OF YOUR INFORMATION, DATA OR OTHER TRANSMISSIONS YOU PROVIDE TO GLOBAL SURVEYS BY PARTIES NOT AFFILIATED WITH GLOBAL SURVEYS, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE YOU PROVIDE TO OR ON BEHALF OF GLOBAL SURVEYS.
SECTION 6. HOLD HARMLESS AND INDEMNITY
AS AN INDEPENDENT CONTRACTOR ACTING AS A MYSTERY SHOPPER UNDER THIS AGREEMENT, YOU COVENANT AND AGREE THAT YOU WILL INDEMNIFY AND HOLD GLOBAL SURVEYS, INCLUDING ITS SHAREHOLDERS, DIRECTORS, AGENTS AND ASSIGNS (“PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, DAMAGES, LIABILITY, SUITS, EXPENSES AND CLAIMS OF ANY NATURE, INCLUDING ANY SETTLEMENT THEREFROM, AND ALL REASONABLE ATTORNEY’S FEES INCURRED AS A RESULT THEREFROM, ASSERTED AGAINST GLOBAL SURVEYS AND ITS PARTIES BY ANY THIRD PARTY, INCLUDING ANY CLIENT OR CUSTOMER OF GLOBAL SURVEYS, WHICH RESULT FROM OR ARISE OUT OF YOUR ACTS, ERRORS, OMISSIONS, OR NEGLIGENCE WHILE ON THE PROPERTY OF ANY CUSTOMER OR CLIENT OF GLOBAL SURVEYS PERFORMING A PROJECT ON BEHALF OF GLOBAL SURVEYS OR TRAVELING TO OR FROM A PROJECT USING YOUR OWN VEHICLE OR ANY OTHER VEHICLE OR MODE OF TRANSPORTATION, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE TO PROPERTY OR INJURY OR DEATH TO ANY PERSON. IN DEFENDING OR SETTLING ANY CLAIM, YOU SHALL HAVE NO RIGHT TO COMMIT GLOBAL SURVEYS FINANCIALLY OR OTHERWISE WITHOUT THE PRIOR WRITTEN CONSENT OF GLOBAL SURVEYS. IN DEFENDING ANY CLAIM THAT YOU ARE REQUIRED TO INDEMNIFY AND HOLD GLOBAL SURVEYS AND/OR ITS PARTIES HARMLESS HEREUNDER, GLOBAL SURVEYS AND/OR ITS PARTIES ARE PERMITTED TO CHOOSE THEIR OWN LEGAL COUNSEL FOR WHICH YOU WILL BE LIABLE FOR ALL REASONABLE FEES AND COSTS.
SECTION 7. CODE OF ETHICS
YOU COVENANT AND AGREE TO ABIDE BY AND ADHERE TO THE CODE OF ETHICS WHICH PROVIDES FOR YOUR DUTIES AS FOLLOWS:
YOU AGREE TO PERFORM ALL ASSIGNMENTS TO THE BEST OF YOUR ABILITY;
YOU AGREE TO PERFORM ALL ASSIGNMENTS WITH HONESTY AND INTEGRITY;
YOU AGREE TO SUBMIT ALL REPORTS ON OR BEFORE THE DEADLINE;
YOU AGREE TO HONOR ALL CONFIDENTIALITY AGREEMENTS;
YOU AGREE TO GIVE IMMEDIATE NOTICE TO GLOBAL SURVEYS IF YOU CANNOT PERFORM AN ASSIGNMENT FOR ANY REASON;
YOU AGREE TO RETURN FOLLOW UP CALLS OR E-MAILS IN A TIMELY MANNER;
YOU AGREE TO KEEP PAPERWORK AND NOTES FOR AT LEAST 60 DAYS IN CASE QUESTIONS ARISE BY THE CLIENT;
YOU WILL NOT PERFORM AN ASSIGNMENT UNLESS YOU HAVE THOROUGHLY READ AND UNDERSTOOD THE BRIEF PROVIDED;
YOU WILL NOT FALSIFY OR MISREPRESENT REPORTS;
YOU WILL NOT ASK OR ENCOURAGE ANYONE TO BREAK CONFIDENTIALITY AGREEMENTS WITH OTHER FIRMS FOR WHOM THEY CONDUCT MYSTERY SHOPPING ASSIGNMENTS;
YOU WILL NOT USE ANY MEDIA TO PUBLISH COMPLAINTS OR DEFAMATORY COMMENTS AGAINST GLOBAL SURVEYS, ITS VENDORS, CLIENTS, AGENTS OR OTHER MYSTERY SHOPPING PROVIDERS;
YOU WILL NOT SHARE INFORMATION WITH OTHERS ON ASSIGNMENT FEES AND REIMBURSEMENTS FOR SPECIFIC CLIENTS;
YOU WILL NOT SHARE THE RESULTS OF AN ASSIGNMENT WITH OTHERS IN ORDER TO PROTECT THE CLIENT’S CONFIDENTIALITY;
YOU WILL NOT CONTACT A CLIENT DIRECTLY WITHOUT APPROVAL FROM GLOBAL SURVEYS;
YOU WILL NOT DISRUPT THE NORMAL BUSINESS FLOW OF AN OPERATION IN THE PROCESS OF PERFORMING AN ASSIGNMENT;
YOU WILL NOT ANNOUNCE MYSELF AS A MYSTERY SHOPPING AGENT TO THE BUSINESS BEING EVALUATED UNLESS GIVEN SPECIFIC INSTRUCTIONS BY GLOBAL SURVEYS;
YOU WILL NOT ACCEPT AN ASSIGNMENT FOR A BUSINESS THAT YOU, YOUR FAMILY OR FRIENDS WORK FOR;
YOU WILL NOT LIST ANY MYSTERY SHOPPING COMPANY YOU WORK FOR AS AN “EMPLOYEE” ON ANY FORMS IF YOU ARE HIRED STRICTLY AS AN INDEPENDENT CONTRACTOR FOR THAT COMPANY.
SECTION 8. JURISDICTION
ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, A DISPUTE OR CONTROVERSY RELATING TO THE CONSTRUCTION OF ANY PROVISION OR THE VALIDITY OR ENFORCEABILITY OF ANY TERM OR CONDITION OF THIS AGREEMENT MUST BE REFERRED TO THE EXCLUSIVE JURISDICTION OF DUBAI COURTS.
SECTION 9. MISCELLANEOUS
THIS AGREEMENT SHALL BE INTERPRETED UNDER AND GOVERNED BY THE LAWS OF UNITED ARAB EMIRATES, AND EMIRATE OF DUBAI.
GLOBAL SURVEYS MAY AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS ON ITS SITE, AND SUCH AMENDED TERMS SHALL AUTOMATICALLY BE EFFECTIVE 30 DAYS AFTER THEY ARE INITIALLY POSTED ON THE GLOBAL SURVEYS WEBSITE.
THIS AGREEMENT SHALL BIND AND BENEFIT THE PARTIES AND THEIR RESPECTIVE TRUSTEE, RECEIVERS, FIDUCIARIES, SUCCESSORS, AND ASSIGNS.
THIS AGREEMENT CONSTITUTES THE COMPLETE UNDERSTANDING OF THE PARTIES AS TO THE MATTERS ADDRESSED HEREIN AND SUPERSEDES ALL PRIOR AGREEMENTS AND NEGOTIATIONS. IF ANY PROVISION OF THIS AGREEMENT IS UNENFORCEABLE, THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
NO WAIVER OR MODIFICATION OF ANY PROVISION OF THIS AGREEMENT SHALL BE VALID UNLESS IN WRITING, SIGNED BY BOTH YOU AND GLOBAL SURVEYS. THE WAIVER OF A BREACH OR DEFAULT UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT BE DEEMED A WAIVER OF ANY SUBSEQUENT BREACH OR DEFAULT.