Developer Partner Agreement

1. Definitions

Capitalized terms used in this Agreement have the meanings given below, in addition to any defined elsewhere in this Agreement.

• "Introduced Customer" means a customer whose contact information, project details, or identity was first provided to Developer by TestPulseQA, regardless of whether the customer later contacts Developer directly, through a different business entity, or after a delay. This is the same customer referred to as a "Referral" in our Referral Fee Policy — the two terms are used interchangeably between this Agreement and that Policy.
• "Referral Fee" means the fee described in Section 5 (Referral Fees), owed by Developer to TestPulseQA on paid engagements with an Introduced Customer.
• "Attribution Period" means the twelve (12) month window described in Section 7 (Non-Circumvention) during which an Introduced Customer remains attributed to TestPulseQA.

2. Partnership Overview

This Developer Partner Agreement ("Agreement") governs the referral relationship between TestPulseQA ("TestPulseQA," "we," "us," or "our") and you, an independent web developer or development business ("Developer," "you," or "your"). By submitting a Partner Developer Application, accepting a referral, or otherwise participating in the TestPulseQA developer network, you agree to be bound by this Agreement.

This Agreement defines a referral relationship only. TestPulseQA introduces business owners seeking website development work to Developers in its network. Developer is at all times an independent contractor, and nothing in this Agreement creates an employment, agency, partnership, or joint-venture relationship between Developer and TestPulseQA. Developer has no authority to bind TestPulseQA to any obligation, and TestPulseQA has no authority to bind Developer to any obligation with a customer.

3. Eligibility Requirements

To be accepted into and remain part of the TestPulseQA developer network, Developer must, at a minimum:

• Provide a professional portfolio demonstrating relevant web development work;
• Have relevant, verifiable experience in website design, development, or a related discipline;
• Maintain a business website (preferred, though not an absolute requirement at our discretion);
• Provide valid, current business contact information, including an email address and phone number we may use to reach Developer regarding referrals; and
• Agree to TestPulseQA's applicable standards, including this Agreement and any published code of conduct.

TestPulseQA reviews every application manually and may accept, reject, or request more information from any applicant at our discretion. Acceptance into the network may be revoked at any time as described in Section 15 (Termination).

4. Referral Process

When a customer submits a "Need a Website" request, TestPulseQA reviews the request and, where appropriate, introduces the customer to one or more Developers we determine may be a good fit, based on factors such as budget, industry, project type, and timeline.

• Developer may accept or decline any individual referral, for any reason.
• Accepting an introduction does not guarantee that a project will result. Whether the customer ultimately engages Developer, on what terms, and for what scope of work is a matter solely between Developer and the customer.
• TestPulseQA makes no representation about the quality, seriousness, budget accuracy, or likelihood of conversion of any referred lead, though we make good-faith efforts to only refer customers who have provided real project information.

Referral Assignment & No Guarantee

TestPulseQA retains sole discretion over how referrals are assigned among Developers in our network. Referrals are not distributed equally, there is no exclusivity for any Developer or category of work, and acceptance into the network does not guarantee receipt of any referrals or any minimum volume of business. TestPulseQA does not guarantee any minimum number of referrals, project value, revenue, conversion rate, or other business opportunity to Developer.

Customer Ownership

TestPulseQA does not guarantee that any Introduced Customer will select Developer, nor is the customer obligated to hire Developer. The customer remains free to choose any developer, including one outside the TestPulseQA network, at the customer's sole discretion.

5. Referral Fees

In exchange for the introduction, Developer agrees to pay TestPulseQA a referral fee equal to 10% of the total value of any project Developer performs for an Introduced Customer (the "Referral Fee"), as further detailed in our Referral Fee Policy, which is incorporated into this Agreement by reference.

A referral is considered "successful," and the Referral Fee is earned, when Developer and an Introduced Customer enter into a paid engagement of any kind — including a deposit, milestone payment, or full project payment. The Referral Fee is calculated on the total value ultimately paid by the customer for that engagement.

Scope of the Referral Fee

The Referral Fee applies to the original project and to any follow-on work performed for the same Introduced Customer within the Attribution Period described in Section 7, including without limitation:

• a website redesign or relaunch;
• additional pages, features, or functionality added to the original site;
• ongoing maintenance, support, or care-plan contracts;
• SEO, content, or marketing work performed alongside or after the build;
• hosting or technical support arrangements; and
• e-commerce or store expansion work.

Developer may not avoid the Referral Fee by characterizing follow-on work as a "new" or "separate" project if it is performed for the same Introduced Customer within the Attribution Period.

Reporting & Payment

Developer agrees to promptly and accurately report the status of every engagement with an Introduced Customer — including whether a proposal was accepted, whether a contract was signed, and all payments received — and to pay the Referral Fee within fifteen (15) days of receiving payment from the customer. TestPulseQA will send Developer an invoice reflecting the amount due; payment is accepted by the method(s) specified on that invoice (for example, bank transfer or card payment via the invoice link).

Unpaid Referral Fees may accrue interest at 1.5% per month (or the maximum rate permitted by applicable law, if lower), from the date payment was due until paid in full. Late or unpaid Referral Fees may also result in suspension (Section 14) or removal from the developer network (Section 15).

6. Verification of Referral Fees

If TestPulseQA reasonably believes a Referral Fee has not been properly reported or paid, Developer agrees to reasonably cooperate in verifying the amount owed, including providing non-confidential documentation sufficient to confirm project value (for example, an invoice, contract summary, or payment confirmation with sensitive details redacted).

This is not a general audit right. TestPulseQA is not entitled to review Developer's full business records, accounting systems, or unrelated client files, and any verification request will be limited to confirming the amount owed on a specific Introduced Customer engagement.

7. Non-Circumvention

Developer agrees not to avoid, reduce, or delay payment of a Referral Fee by circumventing TestPulseQA — for example, by asking an Introduced Customer to re-engage Developer directly, through a different business entity, or after a deliberate delay, in order to avoid attribution.

Any Introduced Customer remains attributed to TestPulseQA for twelve (12) months from the date of introduction (the "Attribution Period"). Any paid engagement between Developer and that Introduced Customer within the Attribution Period — regardless of how the engagement was re-initiated — is subject to the Referral Fee under Section 5.

8. Customer Communication

When Developer accepts a referral, Developer agrees to:

• Respond to the referred customer within a reasonable timeframe, and in any event within two (2) business days of the introduction, unless a different timeframe is agreed with TestPulseQA;
• Communicate with the customer professionally and courteously at all times; and
• Keep any appointments made with the customer, and provide reasonable status updates on the customer's project when appropriate.

Poor communication or unprofessional conduct reported by a referred customer may affect Developer's standing in the network and may result in removal as described in Section 15.

9. Service Standards

Developer agrees to perform all work for referred customers in a professional and workmanlike manner, consistent with applicable industry standards and all applicable laws. Developer agrees to address issues covered by Developer's agreement with the customer according to the terms of that agreement. TestPulseQA is not responsible for the quality, timeliness, or completeness of any work performed by Developer, and reserves the right to remove Developer from the network if a pattern of customer complaints or substandard work is reported to us.

10. Independent Business Relationship; Developer Representations

Developer operates an independent business and is solely responsible for:

• Setting Developer's own pricing for any project;
• Determining project scope, timeline, and deliverables directly with the customer;
• Paying all applicable taxes on income earned from referred projects;
• Maintaining any insurance, licenses, or registrations required to operate Developer's business; and
• All other aspects of running Developer's business, including hiring any subcontractors or employees Developer chooses to use.

TestPulseQA does not control, direct, or supervise how Developer performs work for a customer, and does not withhold taxes or provide employee benefits of any kind to Developer.

Developer Representations

Developer represents and warrants that Developer:

• owns or has the right to use all work shown in Developer's portfolio;
• has the authority to operate Developer's business and to enter into this Agreement;
• will not knowingly infringe any copyright, trademark, or other intellectual property right in performing work for an Introduced Customer; and
• will comply with all applicable laws in operating Developer's business and performing work for any Introduced Customer.

11. Intellectual Property

TestPulseQA's Property

TestPulseQA and its licensors retain all right, title, and interest in the TestPulseQA name, logo, website, QA Audit reports, and any software, tools, or materials TestPulseQA makes available to Developer. Nothing in this Agreement grants Developer any license to use TestPulseQA's brand except as reasonably necessary to identify Developer as a TestPulseQA partner.

Developer's Property

Developer retains all right, title, and interest in Developer's own work product, tools, code, and materials, except as otherwise agreed in writing between Developer and a customer. Nothing in this Agreement transfers any intellectual property between TestPulseQA and Developer beyond what is reasonably necessary to operate the referral relationship described here.

12. Quality Assurance Cooperation

Where a referred customer separately purchases a QA Audit from TestPulseQA — either before engaging Developer or after Developer's work is complete — Developer agrees to reasonably cooperate with that QA process, including reviewing the resulting findings and addressing agreed-upon issues consistent with Developer's contract with the customer. QA findings are recommendations only, and TestPulseQA's involvement in a QA Audit does not make TestPulseQA a party to, or guarantor of, Developer's agreement with the customer, unless otherwise agreed in writing.

Developer acknowledges that QA findings are advisory in nature. TestPulseQA does not direct, supervise, or guarantee Developer's work, and Developer remains solely responsible for determining whether and how to implement any recommendations.

13. Confidentiality

Developer agrees to protect and keep confidential any customer information shared by TestPulseQA (such as contact details and project descriptions) and any TestPulseQA business information Developer becomes aware of through this partnership (such as our referral process, pricing, or business operations), and agrees not to disclose such information to any third party without authorization, except as necessary to perform work for the referred customer or as required by law.

14. Suspension

In addition to termination under Section 15, TestPulseQA may temporarily suspend Developer's participation in the network — including pausing new referrals — at TestPulseQA's discretion, for reasons that may include:

• an active investigation into a customer complaint or suspected policy violation;
• suspected fraud or misrepresentation;
• a pending Referral Fee dispute or unpaid invoice; or
• extended inactivity or unresponsiveness to referrals or TestPulseQA communications.

Suspension does not terminate this Agreement and does not relieve Developer of any Referral Fee obligation. TestPulseQA will make reasonable efforts to notify Developer of the reason for suspension and, where applicable, what is needed to resolve it.

15. Termination

Either party may terminate this Agreement, and Developer's participation in the network, at any time by providing written notice (including by email) to the other party. Termination does not relieve Developer of any Referral Fee obligation that arose, or arises during the Section 7 Attribution Period, from a referral made before termination — those obligations survive termination.

TestPulseQA may immediately terminate this Agreement and remove Developer from the network, without prior notice, in cases of suspected fraud, unethical conduct, repeated customer complaints, non-payment of a Referral Fee, or any material breach of this Agreement. TestPulseQA may also suspend Developer's participation without terminating this Agreement, as described in Section 14 (Suspension).

16. Limitation of Liability

Each party is solely responsible for its own acts, omissions, and obligations. TestPulseQA is not liable for, and Developer will not bring any claim against TestPulseQA arising from, any dispute between Developer and a referred customer, including disputes over payment, scope, quality of work, or project outcome, except where applicable law does not permit this limitation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TESTPULSEQA'S TOTAL LIABILITY TO DEVELOPER UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL REFERRAL FEES PAID BY DEVELOPER TO TESTPULSEQA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

TESTPULSEQA PROVIDES REFERRALS AND THE DEVELOPER NETWORK "AS IS," WITHOUT ANY WARRANTY THAT DOING SO WILL RESULT IN ANY PARTICULAR LEVEL OF BUSINESS, REVENUE, OR CUSTOMER SATISFACTION.

17. Force Majeure

Neither party is liable for any delay or failure to perform any obligation under this Agreement (other than payment obligations already due) resulting from causes beyond that party's reasonable control, including power or internet outages, natural disasters, acts of government, labor disputes, or other similar events.

18. Dispute Resolution

Before pursuing any legal action, the parties agree to attempt in good faith to resolve any dispute arising from this Agreement through direct negotiation. If that fails, the parties agree to attempt mediation with a mutually agreed mediator before pursuing arbitration or litigation. This Agreement is governed by the laws of the State of Georgia, United States, and any litigation not otherwise resolved will be brought in the state or federal courts located in Georgia, where both parties consent to personal jurisdiction and venue.

19. General Provisions

Entire Agreement

This Agreement, together with the Referral Fee Policy and any other document incorporated by reference, constitutes the entire agreement between Developer and TestPulseQA regarding the subject matter here, and supersedes any prior discussions, understandings, or agreements on that subject.

Severability

If any provision of this Agreement is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full effect.

Waiver

A party's failure to enforce any provision of this Agreement on one occasion is not a waiver of that party's right to enforce it later.

Assignment

Developer may not assign or transfer this Agreement, or Developer's participation in the network, to another person or business entity without TestPulseQA's prior written consent. TestPulseQA may assign this Agreement in connection with a sale or transfer of its business.

Notices

Official notices under this Agreement may be delivered by email to the address on file, or by certified mail to the business address on file, and are considered received when sent (for email) or when delivered (for certified mail).

Electronic Signatures

By checking the acceptance box or submitting the Partner Developer Application, Developer agrees that such action constitutes an electronic signature and acceptance of this Agreement, with the same legal effect as a handwritten signature.

20. Contact

Questions about this Agreement or the developer partner program:

Email: [email protected]

This Developer Partner Agreement was last updated on July 16, 2026. See also our Referral Fee Policy.