Legal Center

Referral Program Terms

Last updated March 2023Previous versions

Boink Technologies, Inc. (hereinafter, “we”, “us” or “SLUSHY”) offers a referral program (the “Referral Program”) by which existing Creators can introduce people who are interested in becoming Creators to SLUSHY and receive referral payments (each, a “Referral Fee”) from SLUSHY which are calculated and limited as described in these Referral Program Terms.

These Referral Program Terms form part of and are supplemental to the Terms of Use for Creators, and apply to anyone who participates in or uses the Referral Program.

The Referral Program is void where prohibited by law.

Creators in Australia or New Zealand are not eligible to receive Referral Fees under the Referral Program.

1. Definitions:

  1. Definitions: Defined terms in these Referral Program Terms have the same meanings given to them in the Terms of Use for Creators. In addition, the following terms shall have the meanings prescribed below.

  2. “Referral Code” means the profile name that you choose when you set up your Member Account and that is associated with your Creator Account.

  3. "Referring Creator" (also referred to as "you" or "your" in these Referral Program Terms) means the Creator who refers a Referred Creator.

  4. "Referred Creator" means the person who upgrades their new or existing Member Account to a Creator Account with a Referral Code.

2. Rules:

The rules of the Referral Program are as follows:

  1. You must be a Creator in order to participate in the Referral Program. If your Creator Account has been suspended or terminated by us for any reason or deleted by you, you will not be eligible to participate in the Referral Program.
  2. In order for a Referred Creator to successfully upgrade a Member Account, they must meet all requirements set forth in the Terms of Use for Creators, including, without limitation, that they must be residents of a Supported Country, and they must be at least eighteen (18) years of age. If such Referred Creator does not meet the requirements to be a Creator, then we have the absolute right to reject your referral.
  3. You may share your Referral Code with any potential Referred Creator at any time in your sole discretion, provided that you comply with the Platform Rules, including, but not limited to, the terms and conditions of the Referral Program. When sharing a Referral Code, you must not impersonate SLUSHY, hold yourself out as being affiliated with SLUSHY or otherwise give the impression that the Referral Code is being shared or promoted directly by SLUSHY. You may not use Google Ads or any similar advertising platform or search engine advertising service to share or promote the Referral Code. Upon our request, you will be required to disclose all methods by which you have shared the Referral Code.
  4. You may not sell your Referral Code(s) and any such sale will be considered a violation of these Referral Program Terms.
  5. In order for you to be credited with a referral, a Referred Creator must redeem your Referral Code when they apply to become a Creator. If a Referred Creator does not redeem your Referral Code when they submit their application to create a Creator Account as set out in the Terms of Use for Creators, such Referred Creator’s Creator Account will not be linked to you and you will not receive any Referral Fee payment with respect to that Referred Creator.
  6. You will not be eligible for a Referral Fee if: (i) the Referred Creator is currently or has previously been a Creator on SLUSHY (whether under the same name or another name); or (ii) the Referred Creator is in Australia or New Zealand.
  7. If the Referred Creator sets up more than one Creator Account, we will make Referral Fee payments to you on the earnings made by the Referred Creator from their first Creator Account only. We will not pay any Referral Fee payments to you on any further Creator Accounts set up by the Referred Creator.
  8. If the Referred Creator sets up more than one Creator Account, we will make Referral Fee payments to you on the earnings made by the Referred Creator from their first Creator Account only. We will not pay any Referral Fee payments to you on any further Creator Accounts set up by the Referred Creator.
  9. You agree that when promoting SLUSHY in any way as a Referring Creator:
    • You will not give a false impression of SLUSHY or the services, programs, and Content made available through SLUSHY;
    • You will not make false statements regarding SLUSHY and will not promote SLUSHY as a platform that promotes and facilitates human trafficking, sex trafficking, child exploitation or physical abuse;
    • You will not attract Referred Creators to SLUSHY by soliciting or promoting adult content that is illegal;
    • You will not make any statements which suggest to a potential Referred Creator that the potential Referred Creator will make a particular sum of money (or any money) from their use of SLUSHY, or any statements regarding the likely number of followers or views that the Referred Creator will potentially garner on SLUSHY;
    • You are not, as a part of this Referral Program, permitted to (i) bid on, purchase or otherwise register/use "SLUSHY," "Slushy.com," or any other similar spelling, or use same in connection with the words "Official," "Officially" or "Official Site" as keywords or advertising words on any internet search engines, including without limitation, google.com, bing.com, ask.com, yahoo.com, etc.; (ii) use the Platform name in association with any similar or competing website or service; or (iii) register any domain name which incorporates or is a misspelling (whether intentional or inadvertent) or variation of "Slushy." You agree that in the event you violate any part of this section of these Referral Program Terms, your account will be immediately terminated, any monies earned but not yet paid will be forfeited, and that you will cooperate fully in transferring any items forbidden by this section to SLUSHY as the rightful owner. Subject to the foregoing limitations and pursuant to the license granted herein, eligible Creators will be permitted to use any website domain name they choose in connection with promoting SLUSHY, so long as such website domain name(s) registered does not infringe on our or any third party's intellectual property rights, or defame, insult or otherwise harass anyone, and does not promote or suggest any illegal activity;
    • You will not promote SLUSHY through any website or publication that contains adult content, including any website that hosts material, including audio or video material, which is pornographic or which contains nudity, explicit sexual material or depictions of sexual acts;
    • You will comply with all applicable laws in your jurisdiction and those jurisdictions in which you are providing marketing activity. Compliance includes without limitation, your adherence to all email marketing, consumer protection and data privacy laws applicable to your activities. If you are in the US, this includes compliance with the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising (including, without limitation, the “FTC’s Endorsement Guides: What People Are Asking” guidance);
    • You have reported and will report in the future the receipt of all payments made to you in connection with your use of SLUSHY to the relevant tax authority in your jurisdiction, as required by law;
    • You are an independent contractor of SLUSHY, and these Referral Program Terms shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between you and SLUSHY for any purpose. You have no authority (and shall not hold itself out as having authority) to bind SLUSHY and you shall not make any agreements or representations on SLUSHY’s behalf; and
    • You will indemnify us for all claims, losses and liabilities relating to or arising out of your violation of this Section 2(h).

3. Referral Fee Payments:

  1. Calculation of Payments:

    • Once a Referred Creator has become a verified Creator in accordance with the rules of the Referral Program described herein, we will pay you a Referral Fee equal to five percent (5%) of the total Adjusted Net Receipts generated by that Referred Creator in the twelve (12) months after the date on which the Referred Creator becomes a registered Creator of SLUSHY (the “Initial Referral Period”), not to exceed $50,000 for the Initial Referral Period. Thereafter, and in perpetuity, unless and until the Referred Creator’s Creator Account is terminated or deleted, we will pay you a Referral Fee equal to one percent (1%) of the annual Adjusted Net Receipts generated by that Referred Creator, not to exceed $10,000 per year. For more information regarding how we calculate the Adjusted Net Receipts and SLUSHY Platform Fees, please refer to the Terms of Use for Creators.

    Example: If a Referred Creator generates Adjusted Net Receipts with a total value of $1 million or more in the twelve (12) months after the date on which such Referred Creator upgraded their account using your Referral Code, then your Referral Fee in relation to such Referred Creator shall be capped at $50,000 in total. However, if the Referred Creator generates Adjusted Net Receipts with a total value of $100,000 in the twelve (12) months after the date on which such Referred Creator becomes a registered Creator of SLUSHY, then your Referral Fee shall equal $5,000.

  2. Transfer. As set forth in the Fees section of our Help Center page, we will transfer to your designated SLUSHY account the Referral Fee payment(s) due to you on Adjusted Net Receipts generated by the Referred Creator after pending transactions are made available (typically within 7-10 days).

  3. Taxes:

    • We recommend that you seek professional advice to ensure you are compliant with your local tax rules, based on your individual circumstances.
    • For the avoidance of doubt, you are responsible for your own tax payments and SLUSHY is not responsible or liable for any non-payment of tax by you or any Creators.
    • We reserve the right to close your SLUSHY account if we are notified of or become aware of any tax non-compliance by you.

4. Our Rights Relating to the Referral Program.

  1. SLUSHY retains all rights to recover any wrongly paid sums if Referral Fee payments have been made incorrectly from the Referred Creator to whom the wrongly paid sums have been paid.
  2. We may request you or Referred Creators (or both) to provide us with ID and other information reasonably required by us to verify any Referral Fee payment to be made and the person to whom any Referral Fee payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to Referral Fee payments in respect of the relevant Referred Creator.
  3. We may change any aspect of the Referral Program (including how Referral Fee payments are calculated) or discontinue the Referral Program at any time. We will notify you in advance of any changes or termination of the Referral Program. No change or termination will deprive you of Referral Fee payments already earned based on Member Payments made to Referred Creators before the changes came into effect.

5. Circumstances in which we may Withhold Referral Fee Payments:

  1. We may withhold all or any part of the Referral Fee payments due to you but not yet paid out:
  • If we think that you have or may have seriously or repeatedly breached any part of the Terms of Use for Creators;
  • if you attempt or threaten to breach any part of the Terms of Use for Creators in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
  • if we suspect that all or any part of the Referral Fee payments due to you result from unlawful activity, either by you, by the Member who made the payment to the Referred Creator which resulted in the Referral Fee payment, or by the Referred Creator to whom the payment was made which resulted in the Referral Fee payment,

We may withhold all or any part of the Referral Fee payments due to you but not yet paid out for as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Use for Creators; (ii) you have attempted or threatened to breach any part of the Terms of Use for Creators in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) all or any part of Referral Fee payments due to you result from unlawful activity, we may notify you that you have forfeited all or any part of your Referral Fee payments.

  1. We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the Referral Program where we have a right to do so under these Referral Program Terms.
  2. If we are withholding all or any part of the Referral Fee payments due to you and we determine that part of the Referral Fee payments withheld by us is unrelated to breaches by you of the Terms of Use for Creators or suspected unlawful activity, then we may pay to you the part of the Referral Fee payments which is unrelated to breaches by you of the Terms of Use for Creators or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms of Use for Creators has or may cause us loss, we may withhold all Referral Fee payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.

6. Governing law and dispute resolution

  1. These Referral Program Terms form part of the TOS, and shall be governed by and construed in accordance with:
  • if you are in the USA or Canada, the internal substantive laws of the State of Florida, without respect to its conflict of laws principles; and
  • if you are outside the USA or Canada, English law,

in each case as set out in the Terms of Use for all Users.

  1. Any disputes arising from or related to these Creator Terms shall be resolved as set out in the Terms of Use for all Users. If you are in the USA or Canada, this means that the Arbitration Agreement shall apply to and govern any dispute between you and SLUSHY, other than any actions for which SLUSHY retains the right to seek injunctive or other equitable relief; as set out in the Terms of Use for all Users. If you are outside of the USA or Canada, the English courts shall have exclusive jurisdiction over any dispute arising from or related to these Referral Program Terms.