Acceptance of Terms:

TrendSource welcomes you! TrendSource provides its service to you (hereinafter “the Client”) subject to the following Terms of Service (hereinafter "TOS"), which may be updated by TrendSource from time to time without notice to Client. Client can review the most current version of the TOS at any time at: http://docs.trendsource.com/info/terms/. In addition, when using particular TrendSource owned or operated services, Client and TrendSource shall be subject to any posted guidelines or rules applicable to such services, which may be posted and updated from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. TrendSource may also offer other services that are governed by different terms of service.

 

Parties to This Agreement:

By clicking your acceptance to the online TOS and related TrendSource online computer prompts, Client  hereby enters into this Purchase Order (hereinafter “Agreement”) with TrendSource, Inc., which has its principal business located at 4891 Pacific Highway, Suite 200, San Diego, California 92110.

 

Client is Ordering: 

Client is ordering mystery shops that are $54 per assignment location and may only be ordered by using a credit card. There will be a charge for all mystery shops that are ordered and scheduled. Client agrees that they are responsible to pay for all ordered and scheduled visits and are responsible to ensure only authorized personnel who have the authority to order mystery shops are given access to the ordering website.

 

Shop Description:

TrendSource will provide mystery shops utilizing the standard questionnaire selected by Client to TrendSource’s quality and reporting standards.

 

Online Ordering & Reporting: 

TrendSource will provide Client with their own secure website for the purposes of ordering mystery shops, tracking assignments, canceling requests and reporting completed mystery shops. Reports will be available twenty-four (24) hours a day, seven (7) days per week, three hundred sixty five (365) days a year. Web site down time due to computer problems, unforeseen circumstances or server maintenance may occur from time to time and advance notice will be provided whenever feasible. Information will be exportable in MS Excel, PDF, and email Websites. Programming furnished by TrendSource is part of The Rapid Knowledge Transfer System™ and is the proprietary and intellectual property of TrendSource.  Client acknowledges and agrees that TrendSource is, and shall remain sole owner of The Rapid Knowledge Transfer System™ and associated proprietary documentation. 

 

USE OF CLIENT DATA:

The Client data and information compiled by TrendSource pursuant to this Agreement is treated as confidential information by TrendSource. TrendSource shall hold Client’s confidential information in strict confidence, and shall neither disclose the same to any third party nor use it for purposes other than provided for in this Agreement. TrendSource will therefore take all reasonable precautions necessary to safeguard this data and information. Client hereby expressly understands and agrees that TrendSource can utilize any such Client information and data, for purposes of compiling statistical industry data and other TrendSource reporting information and products, as long as TrendSource does so without specific reference to the Client's business name.

 

Locations to Be Visited: 

Client will provide to TrendSource, utilizing TrendSource’s online ordering system, the following information for each location to be visited:

 

Program Dates or Cycle

Mystery shops ordered by Client will be processed and completed by TrendSource within thirty (30) days of their receipt provided that all required information is accurate and barring any situations not in TrendSource’s or it’s authorized agent’s control.

 

Cancellation Notice:

At any time, either Client or TrendSource may, by written notice delivered to the non-terminating party’s principal place of business, terminate this Agreement.  The effective date of termination of this Agreement shall be as specified in such written notice and shall be no less than thirty (30) days from the date written notice is provided by the non-terminating party.

 

Indemnification:

Client shall indemnify, defend and hold harmless, TrendSource and each of its directors, shareholders, officers, directors, agents, contractors and employees from any loss, claim, lawsuit, damage, liability or expense, of any nature or kind (including any attorneys' fees incurred) arising from any claim, lawsuit or demand of any kind made by any third party, including, but not limited to, any of Client's employees, franchisees, agents and/or representatives that in any way involves the work performed by TrendSource pursuant to this Agreement, including specifically the work described in the "Shop Description" paragraph within this Agreement. Client's duty to indemnify, defend and hold harmless TrendSource and its agents under this paragraph specifically extends to all claims, lawsuits or demands resulting from the physical inspections, mystery shops, evaluations, standard products and/or completion of  any checklists or questionnaires by TrendSource, as well as any claims, lawsuits or demands resulting from any corrective action taken by Client including the termination of its employees and/or termination of contracts that are based in whole or in part on the work performed by TrendSource for Client pursuant to this Agreement.

 

Payment Terms;

Client agrees to prepay for all services ordered under this Agreement by credit card. Client hereby authorizes TrendSource to charge Client's credit card in the amount due for all services ordered by Client. TrendSource will keep Client’s credit card and billing information on file and Client hereby authorizes TrendSource to automatically pre-bill Client’s credit card as services under this Agreement are ordered by Client. Client hereby agrees and confirms that sufficient funds will be available within Client's credit card account(s) to cover the transactions that are ordered by Client and scheduled for payment. Any legal fees and collection costs incurred by TrendSource or its agents in collecting payment from Client shall be paid by Client in addition to any outstanding past due balance. Failure to pay may also result in automatic cancellation of this Agreement.

 

Entire Agreement:

This Agreement, including the TOS, which may be updated by TrendSource from time to time without notice to Client, shall constitute the entire understanding and Agreement between the parties as to the subject matter of this document. Any other modifications to this Agreement must be agreed to in writing by both parties to this Agreement and signed by a duly authorized officer of each party.

 

Resolving Disputes:

The parties to this Agreement represent that they will both act in good faith in trying to informally resolve any disputes they have between each other regarding this Agreement, including the TOS. To the extent any dispute cannot be resolved informally, the parties to this Agreement shall submit their dispute to the American Arbitration Association (“AAA”) or another mutually agreed upon arbitrator, in San Diego , California for a binding and final arbitration and any such proceeding shall be governed by California law.

 

USER AGREEMENT:

By accessing this website, you hereby acknowledge and agree that all content and the collection, arrangement and assembly of the content on this website and related systems is the property of TrendSource. Therefore, all users hereby acknowledge that all the content included on the website or otherwise made available via this system, including, but not limited to text, graphics, logos, trademarks, trade names, button icons, images, pre-design templates, sounds, software and other material, is the sole and exclusive property of TrendSource. Your use of this website and related systems is therefore non-transferable and limited and cannot be used for any other purpose without the express written consent of TrendSource. Please acknowledge your acceptance of this User Agreement by clicking on the button icon below.