RDA CONFIDENTIALITY AGREEMENT
The purpose of this agreement is to contract the below-named person (“you”, “your”, or “yourself”) as an independent contractor and not as an employee of RDAssociates, Inc. (“RDA” or “us”). You agree that the indicators of an independent contractor’s status include the following:
– Chooses acceptance or non-acceptance of a contract knowing it is paid by the contract, not by the time
– Furnishes own office, tools, materials, and transportation
– Establishes own work
– Determines conduct and control of performed services
– Realizes requirements and specifications relate to end result
– Assumes all risk and responsibility for performed services
– Can realize a profit or loss from performed services
– Accepts no guarantee for recurring contracts or exclusivity from contractor
– Is not entitled to medical, dental or other benefits from contractor
– Does not represent themselves as an employee of contractor
– Performs like services for other interested parties
RDA will not withhold any taxes or such but is required to file a 1099 Miscellaneous form with the Federal Government at the end of the tax year, only if you earn over $600.00. You understand that you can not file for unemployment benefits since you are not an employee of RDA.
Evaluations which you perform are not critiques, but factual data about observations and interactions. You must act within the bounds of the contract, but you control the time and manner in which the evaluation transpires. You as an independent contractor:
– Accept the bid range for the particular contract
– Accept the range of days and times for completion
– Present yourself as a consumer of specific products and services
– Observe and evaluate specified products or services
– Factually report on the observations or interaction with objectivity and detail pertaining to the observations or interactions
– Agree to timely, accurately and completely document the interactions
– Agree to return all completed work to RDA within twenty-four (24) hours after you complete each project
– Agree to make yourself reasonably available for follow-up calls to discuss and/or to confirm your work and the information you have provided to RDA
– Agree to keep confidential all information learned from and during the evaluation
– Agree to respect ownership of materials
– Maintain continual professionalism and integrity
The independent contractor status begins on the day you accept your contract. RDA is not required to offer a certain number of contracts to you and RDA is not required to contract in the future for other and/or like contracts.
RDA will pay to you a sum that will be agreed upon prior to the specific contract. This sum will be payable upon RDA receiving your evaluation and other information in the time frame that was specified and agreed upon. Once reviewed and with the workmanship in acceptable order, the amount due will be mailed within 14 days. Regardless of any other language in this Agreement, you understand and agree that payment will not be made to you, by RDA, unless and until you have complied with all of the terms of this Agreement.
RDA may furnish to you certain confidential information, and may further allow you the right to inspect the business of certain establishments and/or interview employees or representative of such establishments. If so, all of the following conditions apply:
A. You agree to hold all confidential or proprietary information, trade secrets (information), client’s name, client’s location and program specifics in trust and confidence, and agree that such information shall be used only for the contemplated purposes, and shall not be used for any other purpose or disclosed to a third party to include a RDA competitor. All written and verbal information you receive from RDA is deemed confidential. You acknowledge that all designs, copyrighted material and statistical data belongs to and are owned by RDA.
B. No copies will be made or retained by you of written information supplied unless you are specifically asked to do so by RDA.
C. At the conclusion of the contract, or by demand from RDA, all information including written notes or memoranda taken by you shall be returned to RDA.
D. Information shall not be disclosed by you to any of the establishment’s employees or other individuals.
E. The terms of this agreement apply while you are under contract with RDA and after the agreement terminates.
F. You agree to give permission to RDA to verify all or any portion of the professional and personal references you provide to us.
RDA is not liable for any misfortunes, accidents, legal liabilities or physical actions or results occurring to you or by you before, during or after the evaluation or when unitizing RDA’s clients, products or advice. Furthermore, you agree to hold harmless and make no claim against RDA relevant to any claim asserted against another party.
RDA may terminate this agreement with a thirty (30) day written notice. Upon termination of the Agreement, it is agreed that all materials be returned to the appropriate owner and any monies will be paid that are rightfully due in connection with contracts that have met the specified and agreed upon contract specifications. Any claims or controversy that arises out of, or relates to this agreement, or the breach of it, will be settled by arbitration in Montgomery County PA, in accordance with the rules then obtaining of the American Arbitration Association.
This instrument is the entire agreement between RDA and you the independent contractor. It may be altered only by written agreement signed by the pertinence parties concerned. If you accept a contract, it will be deemed that you have agreed to the conditions of this Agreement and will comply with the terms stated.
By checking the checkbox below, I represent that I have read and accepted the RDA CONFIDENTIALITY AGREEMENT, and that I will not use such information or documents for any purpose which is improper, illegal or competitive to RDAssociates. I also agree to keep such information and documents confidential and not disclose it to anyone other than RDAssociates. I understand that any misrepresentation I make or violation of these terms will be prosecuted to the fullest extent of the law.