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MOBLE PARTNER PROGRAM TERMS

Effective: 1 October 2025
Program: AI Agency & AI Sales Partner
Contact: team@moble.com.au
Address: MAIL BOX 605, 88 Foveaux Street, Surry Hills, NSW 2010, Australia

Pain English Summary:
Earn commissions for referring and managing clients on MOBLE. You get 20% of monthly platform fees and 40% of annual platform fees for your attributed clients. If you build the site yourself, you keep 100% of your service fees; if MOBLE builds it for your sale, you earn 20% of the build fee. Commissions are paid on the 18th each month for cleared transactions. Don’t spam, don’t misuse the brand, follow privacy laws, and keep client data safe. Either side can end participation; we’ll pay anything already earned. Full details below.

Heads Up:
These Terms are for general program use and are not legal advice. Consider having your counsel review before publication.

1. Agreement & Parties

These Partner Program Terms of Use (the “Terms”) form a binding agreement between you (“Partner”) and MOBLE CMS Pty Ltd (“MOBLE”, “we”, “us”). By applying for, accessing, or participating in the Partner Program (including use of any partner dashboards, links, or tools) you agree to these Terms.

These Terms incorporate by reference MOBLE’s Privacy Policy, Website Terms, and Platform Terms of Use (to the extent they apply to your use of the Services).

2. Definitions

Build Fee Share means the 20% share payable to an AI Sales Partner on eligible Service (Build) Fees that MOBLE invoices to, and actually receives from, the Client for projects MOBLE builds.
Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales, Australia.
Client means a paying customer of MOBLE attributed to you under these Terms.
MOBLE-Sourced Lead means a prospect first introduced to MOBLE by MOBLE (including inbound to MOBLE, outbound by MOBLE, referrals to MOBLE) or an existing/returning customer.
Partner of Record (PoR) means the Partner recorded by MOBLE as the ongoing account manager for a Client.
Partner-Sourced Lead means a prospect first introduced to MOBLE by the Partner via MOBLE’s lead-registration process and accepted by MOBLE as not already known/active in MOBLE’s CRM.
Partner Types means AI Agency and AI Sales Partner.
Platform Commission means the Partner’s revenue share on Software (Platform) Fees for an attributed Client.
Qualified Client means a Client meeting the attribution conditions in Section 7 and for whom at least one payment has cleared.
Sales Partner Contract means your written, partner-specific agreement with MOBLE that may vary commercial terms (e.g., eligibility for MOBLE-Sourced Leads).
Service (Build) Fees means fees MOBLE invoices to Clients for MOBLE-delivered professional services (including Built For You / Built With You) on projects sold by the Partner.
Services means MOBLE’s platform and modules (Website Builder, CMS, Chatbot Builder, Ecommerce, CRM, Support, Projects/Tasks) and related sites, tools, and APIs.
Software (Platform) Fees means subscription fees paid by Clients to MOBLE for platform plans, excluding taxes, payment gateway fees, surcharges, credits, refunds, chargebacks, professional services and third-party pass-through costs.

3. Partner Types & What You Earn

Partner Type means a way to participate in the Partner Program. The current Partner Types are AI Agency and AI Sales Partner.
Payout timing and methods for all commissions and build-fee shares are governed by Section 8 (Payout Mechanics).

3.1 AI Agency (you build)

Services you sell to the client: You keep 100% of your own service fees (you contract/invoice your client directly).
Platform commissions (Software): 20% of monthly Platform Fees; 40% of annual Platform Fees for the lifetime of the Qualified Client while you remain in good standing and PoR.

3.2 AI Sales Partner (MOBLE builds)

Build fee on projects you sell (Service): You earn 20% of the Service (Build) Fees MOBLE invoices to the client for projects you sell. No Build Fee Share on MOBLE-Sourced projects unless your Sales Partner Contract expressly provides otherwise. Payout timing: see Section 8.2.
Platform commissions (Software): See Section 3.3 for eligibility and rates; payout timing: see Section 8.1.

3.3 Commission & Lead Attribution (Software)

Default rates.
40% commission on eligible Software (Platform) Fees where the Client originated as a Partner-Sourced Lead and you are (and remain) Partner of Record managing the Client.
0% commission where the Client originated as a MOBLE-Sourced Lead, unless your Sales Partner Contract expressly provides otherwise.
MOBLE-Sourced Leads — optional 20% if contracted. If (and only if) your Sales Partner Contract authorises commission on MOBLE-Sourced Leads, you will earn 20% on eligible Software (Platform) Fees for such Clients, provided you are assigned as PoR and actively manage the Client.
“Managing the Client”. To earn or retain commission, you must act as first-line commercial contact and success owner (e.g., onboarding coordination, periodic check-ins, basic configuration guidance (non-development), renewal/expansion discussions, and timely escalation to MOBLE support). If you cease these duties, or the Client asks MOBLE to remove/replace you, commissions stop at the end of the then-current billing period following reassignment.
No double payment; attribution. Leads and Clients are attributed from MOBLE’s CRM at the time the qualified opportunity is created (or earlier documented engagement). If more than one party claims a lead, MOBLE will decide attribution in good faith; only one Partner can be PoR for commission purposes.
Eligible fee base. Commissions are calculated on net amounts actually received by MOBLE for Software (Platform) Fees, excluding taxes (e.g., GST/VAT), gateway fees, surcharges, credits, refunds, chargebacks, professional services (Built For You / Built With You), and third-party pass-throughs.

Payout timing for Software (Platform) commissions: see Section 8.1.

4. Eligibility & Enrollment

You must be a business or a sole trader operating a bona fide services practice; age of majority in your jurisdiction.
Apply via MOBLE’s signup flow or inside the platform (AI Agents → AI Agency) and provide accurate company information.
MOBLE may approve, decline, or later revoke participation at its discretion (e.g., non-compliance, risk concerns).

5. Fees, Taxes & Currency

All figures are in USD unless stated otherwise. Commissions are calculated on Software (Platform) Fees actually received and cleared by MOBLE, net of refunds, chargebacks, discounts, credits, taxes, and third-party pass-through fees.
Partner is responsible for its own taxes. Where required by law, Partner must provide valid tax and payout information (e.g., ABN/GST status, W-8/W-9 or local equivalents). MOBLE may withhold taxes where required by law. If Partner is AU GST-registered and the supply to MOBLE is taxable, Partner must issue a valid tax invoice and GST will be added to amounts payable (commissions and any build-fee shares) where applicable.

6. Service Work & Client Payments

AI Agency: You contract and invoice your client directly for your services. MOBLE is not a party to your service agreement.
AI Sales Partner: MOBLE contracts and invoices the client for the build; your 20% share is paid out by MOBLE.

7. Attribution — What counts as a Qualified Client

A Qualified Client is attributed to a single Partner of Record when all of the following are met:
Sign-up or pre-assignment: the Client (a) signs up via your unique partner/agency link; or (b) is manually attributed to you by MOBLE in our CRM based on your documented request before the Client’s first payment; and
First cleared payment: the Client makes at least one paid subscription payment that clears.
Self-referrals excluded. Your own accounts (including those of your employees or affiliates under common control) do not qualify.
Single Partner of Record. Only one Partner of Record may be attributed to a Client at any time. Attribution is determined by MOBLE’s CRM (partner link registration or documented pre-assignment). If multiple partners claim a Client, MOBLE will decide attribution in good faith (generally first verified partner link or pre-assigned record).
Managing the Client. To earn and retain commissions, the Partner of Record must continue Managing the Client, meaning you act as first-line commercial contact and success owner, including as applicable: onboarding coordination, periodic check-ins, basic configuration guidance (non-development), renewal/expansion discussions, and timely escalation to MOBLE support. If you cease these duties or the Client asks MOBLE to remove/replace you, commissions stop at the end of the then-current billing period following reassignment.
Attribution window & evidence. Attribution cookies/link tracking typically operate on a 90-day window; however, MOBLE may rely on CRM evidence to resolve conflicts. MOBLE’s determination is final.

8. Payout Mechanics

8.1 Software (Platform) Commission Payouts

Payout date: Commissions on Platform Fees are paid on the 18th of each month (NSW time) for amounts actually received and cleared by MOBLE in the prior cycle. If the 18th is not a Business Day, payment occurs on the next Business Day.
Basis: Calculated on net Platform Fees actually received and settled by MOBLE for the Client’s active plan(s), exclusive of the exclusions listed in Section 3.3 (Eligible fee base) (e.g., taxes, gateway fees, surcharges, credits, refunds, chargebacks, professional services, third-party pass-throughs).
Adjustments: MOBLE may offset, net or claw back commissions for refunds, chargebacks, non-payment, fraud or reconciliation corrections. No accrual during suspended or delinquent accounts.
Statements: Monthly partner statements are conclusive unless disputed in writing within 30 days of issue.

8.2 Service (Build) Fee Payouts

Eligibility: Applies to AI Sales Partner projects that you sell where MOBLE performs the build and invoices the Client (see Section 3.2). No Build Fee Share is payable on MOBLE-Sourced projects unless your Sales Partner Contract expressly authorises it.
Payout date: Your Build Fee Share is paid on the 2nd of the month (NSW time) following the month in which MOBLE receives and clears the Client’s Service (Build) Fee payment(s). If the 2nd is not a Business Day, payment occurs on the next Business Day.
Rate: 20% of Service (Build) Fees MOBLE invoices and actually receives for the eligible project, exclusive of taxes, gateway fees and third-party pass-through costs. Milestone payments are paid as they clear.

8.3 Method & Administration

Method: Payouts are made to your nominated bank account or another supported method. Keep payout and tax details current.
Holds: Reasonable holds may apply for fraud/risk review or until refund windows elapse (particularly for annual plans).
De minimis / missing details: We may roll forward payments if banking details are missing or amounts are de minimis under our operational policies. Negative balances carry forward and may be netted from future payouts.
Invoices & tax: Where required by law, you must issue a valid tax invoice for commissions/Build Fee Shares (e.g., Australian partners registered for GST). You are responsible for your taxes. MOBLE may withhold where required by law.
Currency: Unless stated otherwise, payouts are made in USD. MOBLE may support other payout currencies where available and may use a reasonable FX rate provided by our payout provider. Your receiving bank may apply its own fees/spreads.

9. Partner Obligations

9.1 Lawful marketing (no spam)

Comply with all applicable laws (e.g., spam/marketing, consumer, privacy, e-commerce, disclosures). In the U.S., include any required material connection disclosures; in the EU/UK, comply with ePrivacy/PECR; in AU, comply with the Spam Act.
No mass unsolicited messages, bots, cookie stuffing, or misleading claims. Do not publish partner links on coupon/deal sites or similar “incentive” networks.

9.2 Brand use

You may use MOBLE brand assets as provided in our guidelines to promote the Services. Do not alter the marks, imply endorsement, or register domains/ads that include “MOBLE” or confusingly similar terms.

9.3 Conduct & compliance

Maintain industry-standard security for any client data you handle. Use client data only to deliver your services to that client; do not sell or repurpose it.
Do not engage in deceptive, unlawful, or harmful activity. Comply with sanctions/embargoes and anti-bribery/anti-corruption laws.

10. Data Protection

You must comply with applicable data protection laws (e.g., APPs in Australia, GDPR in EEA/UK, relevant U.S. state laws). Where you access personal information from MOBLE or a Client, you act as an independent controller for your own operations and must:

Use it solely to provide your services to that Client;
Keep it secure and limit access on a need-to-know basis;
Delete it when no longer needed for those purposes (unless law requires retention); and
Notify us promptly of any actual or suspected personal data breach affecting MOBLE or Clients.

When MOBLE processes personal information for your Client within the platform, MOBLE acts as a processor/service provider under MOBLE’s DPA. See our Privacy Policy for details.

11. Term, Changes & Termination

Term: Starts when you accept and continues until ended by either party.
Changes: We may update these Terms or program rules. For material changes, we’ll provide reasonable notice (e.g., in-product or email). Continued participation after the effective date means you accept the changes.
Termination: Either party may terminate at any time for convenience (notice effective immediately). We may suspend or terminate for breach, fraud, risk, or unlawful conduct.
After termination: We’ll pay amounts already earned and cleared as of the termination effective date. Commissions do not continue to accrue after termination unless MOBLE agrees otherwise in writing.

12. Intellectual Property

Each party retains ownership of its IP. MOBLE grants you a limited, revocable, non-transferable license to use MOBLE marks per our brand guidelines during your participation.
Do not register or use any domain, company name, handle, or advertising keyword containing MOBLE or confusingly similar terms.

13. Independent Contractor; No Franchise

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, employment, or agency relationship. You are solely responsible for your operations, pricing, and obligations to your clients.

14. Warranties, Disclaimers, Liability

Disclaimer: The program and any partner tools are provided “as is” without warranties of any kind.
Limitation: To the maximum extent permitted by law, MOBLE’s aggregate liability arising out of or related to these Terms is limited to the commissions paid to you in the six (6) months preceding the event giving rise to liability.
Indemnity: You will defend and indemnify MOBLE against claims arising from (a) your breach of these Terms; (b) your marketing or services; (c) your misuse of data; or (d) your infringement or violation of third-party rights or laws.

15. Audits & Verification

MOBLE may review partner-related records (e.g., lead sources, marketing practices) on reasonable notice to verify compliance and correct payouts. You will cooperate and provide requested information.

16. Governing Law & Disputes

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts in New South Wales.

17. Notices

Legal notices to MOBLE: team@moble.com.au and by post to MAIL BOX 605, 88 Foveaux Street, Surry Hills, NSW 2010, Australia. We may send notices to the email and postal details you provided when enrolling.

18. Miscellaneous

Assignment: You may not assign these Terms without MOBLE’s written consent. MOBLE may assign to an affiliate or in connection with a reorganisation or sale.
Severability: If any provision is invalid, the rest remains in effect.
Entire Agreement: These Terms (and incorporated policies) are the entire agreement for the program and supersede prior or contemporaneous statements about the program.
Order of precedence: If these Terms conflict with the Sales Partner Contract, the Sales Partner Contract governs for commissions, build-fee shares, attribution, and payout mechanics; these Terms govern otherwise.