Legal

Partner Program Agreement

Version v1.0, effective 12 May 2026. Read this before you apply — submitting an application means accepting it.

Quick read: You sell WebForger sites to clients you bring in. You keep 40% of setup and 25% of monthly care from year 2, with up to ±20% pricing flexibility per deal. Plus 20% of the first three months management fee on SEO / SEM / SMM leads we close. You get a free Pro site for your agency; bring two paid clients and your hosting stays free for life. Money flows only after we collect from the client. Either side can quit on 30 days notice. The long-form clauses below win if anything contradicts this summary.

This Agreement governs the relationship between WebForger and the individual or business approved as a partner under our Partner Program ("Partner", "you"). The platform is operated by Always Digital Limited, a New Zealand company trading as HornTech ("WebForger", "we", "us"). You accept this Agreement by ticking "I agree to the WebForger Partner Agreement" on the apply form at webforger.ai/partners/ or on the self-register form at app.webforger.ai/partners. Electronic acceptance has the same legal effect as a wet-ink signature under New Zealand's Contract and Commercial Law Act 2017 and equivalents in other jurisdictions.

1. Definitions

"Platform" means the WebForger software-as-a-service product, including webforger.ai, app.webforger.ai, the rendering layer at *.webforger.site and on custom domains, and all underlying APIs. "Client" means an end customer of WebForger whose site is registered in the Platform. "Referred Client" means a Client whose site you create inside the Partner portal, or whose application is attributed to you in our records. "Services" means the website build, hosting, AI generation, lead capture and ongoing care services that WebForger sells to Clients. "Partner Site" means your own WebForger website (the free agency site described in section 5). "Final Price" means the actual price the Client pays for setup or care, after any agreed discount or markup within the ±20% partner pricing band (see 4.2). "Care Fee" means the monthly hosting, maintenance and support charge that applies from month 13 of a Client's subscription.

2. Eligibility and acceptance

You apply by submitting the form on webforger.ai/partners/ or by registering at app.webforger.ai/partners. Both forms require you to tick that you accept this Agreement before submission. Your acceptance creates a binding contract from the moment you submit. Portal access (the ability to register Clients, run builds, accrue commission) is switched on only after we confirm your application — typically a short phone or email confirmation of your identity and business, within three (3) working days.

You represent that you are at least 18 years old, have full legal capacity to enter contracts, and (if applying on behalf of a business) are authorised to bind that business by accepting this Agreement on its behalf.

We may decline any application at our discretion and without liability. Reasons typically include inability to verify your identity or business, evidence of past abusive practices, or operating in industries listed on our Acceptable Use Policy as restricted. If we decline, this Agreement terminates automatically and no obligations survive on either side.

3. Partner status, not employment

You are an independent contractor. Nothing in this Agreement creates an employer–employee, agency, joint venture or franchise relationship between us. You may not hold yourself out as a WebForger employee, officer or agent; you may describe yourself as "a WebForger Partner" and use the WebForger logo subject to brand guidelines we provide on request. You are responsible for your own taxes, ACC, insurance, business registration and any employment obligations to your own staff.

4. Commercial terms

4.1 Public list pricing. WebForger publishes list prices at webforger.ai/pricing/. As of the effective date: Free $0; Pro $999 setup + $19/mo year 2 care; Multiple Pages from $1,999 setup + $39/mo year 2 care; Enterprise / specialised builds (custom integrations, compliance, multi-language or multi-region rollouts, dedicated SEM management, substantial migration) quoted on the brief. All paid tiers include 12 months of hosting and care at no extra charge.

4.2 Partner pricing band. You may quote a Final Price between 80% and 120% of list. Commission is always calculated on the Final Price actually collected.

4.3 Commission rates. Setup one-off: 40% Partner / 60% WebForger. Care monthly from year 2: 25% Partner / 75% WebForger. SEO / SEM / SMM lead bonus: 20% of first 3 months management fee (not ad spend), paid one-off. Commission is calculated on amounts WebForger has actually received from the Client in cleared funds. No commission accrues on invoices that are issued but unpaid.

4.4 Payment schedule. Setup commission becomes payable 7 days after we receive full payment from the Client (refund window). Care commission becomes payable monthly, starting the first month a Client is charged care (month 13). Lead bonus becomes payable 90 days after the lead-introduced engagement starts, on condition that the Client has paid us in cleared funds for at least three months.

4.5 Payout method. Paid in USD by PayPal, bank transfer, or (when enabled) Stripe Connect. You are responsible for providing valid payment details and for any conversion or transfer fees on your side. Minimum payout threshold is USD $50; balances below that roll forward to the next month.

4.6 Refunds and clawback. If a Client receives a refund or chargeback within 30 days of paying us, the corresponding partner commission is reversed on your next payout. If the reversal exceeds your pending balance, the deficit rolls forward and is offset against future commission. We will not invoice you for negative balances.

4.7 Pricing changes. We may change list pricing or commission rates on 30 days notice. Changes apply to new deals only — Final Prices and commission rates fixed before the effective date of any change are honoured to the existing terms.

5. Partner Site (free agency site)

Once approved, you receive one (1) WebForger Pro site (up to 3 pages) for your own agency at no setup charge, with 12 months of hosting and care included. If you bring at least two (2) paid Client builds onto the Platform within the first 12 months, hosting and care on your Partner Site remains free for life. Otherwise standard care fees apply from month 13. If you stop selling WebForger and have not reached the two-Client threshold, you may either pay care fees to keep the Partner Site running, or take a static export and host it elsewhere.

6. Your obligations

Provide accurate information about yourself and your Clients. Only register Clients with their consent (no impersonation, no adding sites without their knowledge). Deliver services to your Clients in good faith and to a reasonable professional standard — you are their primary contact. Don't misrepresent the Platform, the Services, pricing, performance, or our company. Comply with all applicable laws, including consumer protection, privacy, anti-spam and competition law where you operate. Don't solicit Clients to leave the Platform for a competing service while they have an active subscription with us. Pay your own taxes, including any GST or VAT due on commission you receive.

7. WebForger's obligations

We run the Platform on commercially reasonable infrastructure with a target uptime of 99.5% per calendar month (excluding scheduled maintenance and force majeure). We honour your attribution: once a site is registered in your Partner portal, the commission obligations under section 4 follow it for as long as the Client remains on the Platform and you remain in good standing. We provide reasonable platform support to your Clients via standard support channels. We pay commission promptly per section 4.4 and notify you of material pricing, attribution or program changes at least 30 days before they take effect.

8. Attribution

Attribution is by site creation, not by tracking link. The Partner who creates a Client site inside their portal is the attributed Partner for that Client. If a Client is on the Platform without a Partner attribution and later asks to be associated with you, attribution may be assigned at our reasonable discretion. You may release a Client back to direct status at any time; future commission then ceases and we will not reassign released Clients to another Partner without the Client's consent. Partner-to-Partner referrals and multi-level structures are not allowed in v1.0 of the program.

9. Reselling and branding

You may describe WebForger to your Clients as the platform you build on (for example, "we use WebForger to ship your site"). You may not represent the Platform as your own proprietary product. White-labelling, custom Partner domains, and Partner-branded admin UIs are not offered in v1.0. You may not scrape, mirror, copy or reverse-engineer the Platform, and you may not use Partner access to extract Client data beyond what is needed to service that Client.

10. Intellectual property

The Platform, its code, designs, AI models, prompts, templates and brand assets are owned by WebForger. The content you and the Client put into a Client's site (copy, images, brand) is owned by the Client; we store and serve it on their behalf. The static export and Client offboarding terms in our Terms of Use apply equally to Partner-introduced Clients.

11. Confidentiality

Each party may receive non-public information from the other (pricing intent, roadmap, Client lists, financial details, internal tooling). Each party will use that information only to perform this Agreement, and will not disclose it except to its own staff and advisors who have a need to know and a duty of confidentiality. The obligation survives for two (2) years after the end of the partnership.

12. Data protection

You agree to handle Client and end-user personal data in compliance with the NZ Privacy Act 2020, Australian Privacy Principles, GDPR (where applicable) and equivalents. As between us, WebForger operates as data processor for Client end-user data and as data controller for Partner account data; you operate as a separate controller for Client data you collect outside the Platform. Full data-processing terms live in our Privacy Policy and Subprocessors page, incorporated by reference.

13. Acceptable use

The Platform Acceptable Use Policy applies to you and to every Client you onboard. Restricted industries (including firearms, controlled substances, sexually explicit content, certain financial products) require pre-approval and may be declined. If you knowingly onboard a Client that breaches the AUP and the breach is material, we may suspend that Client's site, terminate your attribution, and (in egregious cases) terminate this Agreement.

14. Term and termination

This Agreement starts on the effective date stated at the top and continues until terminated. Either party may terminate on 30 days written notice for convenience. Either party may terminate immediately for cause if the other commits a material breach not cured within 15 days of written notice, or becomes insolvent.

On termination, already-accrued payable commission survives and is paid on the normal schedule. Future commission ceases — including care commission on Clients you previously introduced — unless we agree otherwise in writing. Your Partner Site remains live for the rest of the period you have paid for, after which standard offboarding rules apply (static export available). Your Clients are not affected and remain on the Platform with their existing subscriptions.

15. Modifications

We may amend this Agreement on 30 days notice by email to the address on your account. Material changes (commission rate, attribution model, termination rights) will be highlighted in that notice. If you do not accept a material change, you may terminate for convenience under section 14 within the notice period; you will continue under the prior version for already-accrued commission obligations. Continuing to register new Clients after a change takes effect is treated as acceptance for those new Clients.

16. Liability

Each party's total liability to the other under this Agreement, however arising, is limited to the total commission paid (or that would have been paid) to the Partner in the 12 months preceding the event giving rise to the claim, or USD $1,000, whichever is greater. Neither party is liable for indirect, special, consequential, punitive or exemplary damages, or loss of profits, revenue, goodwill, anticipated savings or data. Nothing in this Agreement limits liability that cannot be excluded under applicable law (for example, fraud or wilful misconduct).

17. Indemnities

You will defend and indemnify WebForger against any third-party claim arising from your misrepresentation of the Platform or our company, Client work delivered outside the Platform, or breach of sections 6, 9 or 13. We will defend and indemnify you against any third-party claim that the Platform infringes the intellectual property rights of a third party, provided you notify us promptly, let us control the defence, and reasonably cooperate.

18. Governing law and disputes

This Agreement is governed by the laws of New Zealand, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of New Zealand for any dispute that cannot be resolved by good-faith negotiation within 30 days of written notice.

19. General

Entire agreement. This Agreement, together with the Terms of Use, Acceptable Use Policy, Privacy Policy and Subprocessors page on webforger.ai, is the entire agreement between us and supersedes prior partner discussions, offers or arrangements. Severability. If a clause is held invalid, the remainder remains in effect. No waiver. Failure to enforce a right is not a waiver of that right. Assignment. You may not assign this Agreement without our written consent; we may assign it in connection with a sale, merger or reorganisation of WebForger or its parent. Notices. Notices to WebForger go to partners@webforger.ai; notices to you go to the email address on your partner account. Electronic acceptance is binding — acceptance via the apply or register form has the same legal effect as a written signature.

20. Acceptance record

When you accept this Agreement, WebForger records: the version you accepted (e.g. v1.0-2026-05-12), the date and time of acceptance (UTC), the email address you supplied, and your IP address as observed by our infrastructure (best-effort). These records are stored on your partner account and can be requested at any time by emailing partners@webforger.ai. They serve as evidence of contract formation under the Contract and Commercial Law Act 2017 (NZ) and equivalent electronic-transaction laws elsewhere.

Ready to apply? Head to webforger.ai/partners/ and tick the box at the bottom of the form. Questions first? Email partners@webforger.ai.