Last Updated March 2023

Archived Versions

1. Welcome

   1. Slushy operates a platform, which we make available as a service through a web application available at slushy.com, that allows content creators ("Creators") to upload and share pictures, videos, live video streams and other content (the "Content") and allows users to view and subscribe to such Content (the "Platform").
   2. This page sets out the terms and conditions that apply to the Slushy Affiliate Program (the "Affiliate Program").
   3. We will ask you to agree to these terms and conditions ("Program Terms") ****when you apply to participate in the Affiliate Program as an "Affiliate".
   4. Please read these Program Terms carefully and make sure you understand and agree to them before you apply to join the Affiliate Program. These Program Terms contain a jury trial waiver provision.
   5. The Affiliate Program is void where prohibited by law.

2. Who we are

   1. The Affiliate Program is sponsored, promoted and administered by Boink Technologies, Inc ("Slushy", "we", "our" or "us").

3. Eligibility

   1. The Affiliate Program is open to anyone in a Supported Country who has registered with us as a Creator or as any other "Member", and created an account on the Platform (your "Member Account"), except:
      1. employees of any of our group companies;
      2. employees of any other organisation involved in the preparation or administration of the Affiliate Program;
      3. anyone else professionally connected with the Affiliate Program;
      4. the immediate family members of any of the above; or
      5. residents of Australia and New Zealand.

4. How to become an Affiliate

   1. If you meet the eligibility requirements under paragraph 3, you can apply to become an Affiliate through the "Become an Affiliate" page in the "Settings" section of your Member Account.
   2. We will need to verify your contact details, age and identity in order to approve you as an Affiliate. We will ask you to:
      1. verify your email address (if you have not already done so) by clicking on the verification link sent to you;
      2. provide a copy of a government ID issued in your name, which will be verified for authenticity;
      3. undergo a liveness check and a selfie check, in order to compare the image of your face to the image on the government ID you provided, and confirm that you are not spoofing this facial recognition feature,

   in each case using the features and functionalities we make available through the Platform.

   1. We will also conduct a search of your name against a public sex offender register or similar database, if one exists and is accessible in your country of residence, to confirm that you are not currently or have not been previously listed on such register.
   2. We will confirm to you by email once we have completed the above checks and approved your application to become an Affiliate.
   3. We will not approve your application to become an Affiliate, and you will not be able to participate in the Affiliate Program, if we are unable to complete the checks set out in paragraph 4.2 or if your name appears (or has previously appeared) on a publicly accessible sex offender register or similar database in your country of residence.

5. How to participate in the Affiliate Program

   1. Once we have confirmed to you that we have approved your application to become an Affiliate, we will provide you with a unique invite link, which will be available to view through the "Become an Affiliate" page in the "Settings" section of your Member Account.
   2. In order to participate in the Affiliate Program and be eligible to earn Affiliate Referral Credits (as defined below):
      1. you must recommend the Platform to a person by sharing your invite link with them;
      2. that person (the "Affiliate Referred Member") must follow the invite link and register with us and set up a Member Account.
   3. Once you have referred the Affiliate Referred Member and the Affiliate Referred Member has created a Member Account, in each case in accordance with paragraph 5.2, your Member Account will be credited with a sum equal to one percent of all amounts that the Affiliate Referred Member pays for Premium Activities, Subscription Content or Paid Features (each as defined in the Terms of Use for Members) in the 365 days from the day they create their Member Account. This 365 day period will commence at 00:01 am (UTC) on the day the Affiliate Referred Member creates their Member Account and end at 11:59 pm (UTC) on the day which is 365 days from the day the Affiliate Referred Member created their Member Account.
   4. The award and redemption of any amounts credited to your Member Account under paragraph 5.3 (the "Affiliate Referral Credits") ****are subject to the limitations in paragraph 7.
   5. You can view the balance of your Affiliate Referral Credits through your Member Account. Until you withdraw your Affiliate Referral Credits, we will hold those Referral Credits in a separate bank account on your behalf. When you withdraw your Affiliate Referral Credits for the first time, you will need to provide us with your bank account details and certain tax forms that we may request from you. Please note that it may take up to 10 business days for Affiliate Referral Credits you have earned to appear in your Member Account.
   6. To withdraw Affiliate Referral Credits, you will need to use the appropriate functionalities on the Platform to instruct us to transfer your Affiliate Referral Credits to your designated bank account. You must ensure that the bank account details that you provide are correct, as we will not be able to reverse any payment of Referral Credits if you provide incorrect bank account details.

6. Important rules about how you share your invite link

   1. You must ensure that:
      1. when you send your invite link to anyone, you have the Affiliate Referred Member's consent to send them the invite link before you share your invite link with them directly; and
      2. you make it clear when you share your invite link that you will receive payment from Slushy if the Affiliate Referred Member creates a Member Account and pays for Premium Activities or Paid Features on the Platform. If you are in the US, these disclosures must be in accordance 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). If you are not in the US, we also recommend reviewing and following with these guides as they may help you meet your obligations under the relevant laws in your country.
   2. When you share your invite link, you must ensure that any statements you make about the Platform or Slushy do not give a misleading impression of Slushy, the Platform or the Content available on the Platform. In particular, you must not imply that Slushy or the Platform promotes or facilitates any illegal activity, including human trafficking, sex trafficking, child exploitation or physical abuse.
   3. The Affiliate Program is intended to grow the community of creators and followers on the Platform and is not intended for commercial or professional use. You should not use the Affiliate Program to engage in affiliate marketing as part of your profession or trade. You must not:
   4. post your unique referral link to a message board, public forum, coupon site or other online venue; or
   5. use any pay-per-click or other paid or automated lead generation services to participate in the Affiliate Program.
   6. All rights in the Slushy name belong to us, and we grant you a right to use it only for the purposes of sharing your unique referral link in accordance with these Program Terms. You must not:
      1. imply that you are affiliated with, sponsored or endorsed by, or represent Slushy or the Platform, such as by referring to yourself as an "official partner", "official affiliate", "official representative" or "official agent" of Slushy;
      2. bid on, purchase or otherwise register or use any domain that incorporates the words "Slushy" or "Boink", or any words that sound or look similar to "Slushy or "Boink" or could be confused with "Slushy" or "Boink".

7. Important limitations on your ability to obtain Affiliate Referral Credits

   1. If you are a Creator, you will only receive Affiliate Referral Credits in relation to purchases of Premium Activities or Paid Features by the Referred Member from other Creators on the Platform, as long as those Creators were not referred by you under the Referral Program Terms.

   2. You will not be eligible for Affiliate Referral Credits if:

      1. the Affiliate Referred Member already has a Member Account; or
      2. the Affiliate Referred Member is one of the individuals listed in paragraph 3.1(a) to 3.1(e).

   3. The invite link that you share with Affiliate Referred Members relies on local storage technology similar to cookies to associate the individual's Member Account to your invite link. We will not be able to link the Affiliate Referred Member to your invite if the Affiliate Referred Member refuses or blocks the use of cookies or similar technologies on their browser, such as if they have configured their browser settings to block all cookies and local storage, use an ad-blocker or similar cookie blocking technology or does not agree to the use of cookies when they access the Platform.

   4. We reserve the right not to pay out any Affiliate Referral Credits in the following cases:

      1. the Affiliate Referral Credits relate to a purchase of Premium Activities, Subscription Content or Paid Features by a Referred Member that has been cancelled or refunded for any reason, including where the Referred Member has opted to cancel their purchase in accordance with our Cancellation and Refund Policy, where the purchase is subject to a chargeback request, or the purchase transaction has been flagged as potentially fraudulent or otherwise rejected by our payments provider;
      2. we have discontinued the Affiliate Program and the Affiliate Referred Member has created an Account after the date on which the Affiliate Program was discontinued;
      3. we are prohibited from paying you any Affiliate Referral Credits by applicable law.
      4. We may also refuse to pay out any Affiliate Referral Credits if:
         1. we reasonably suspect that the Member Account has been created by the Affiliate Referred Member fraudulently or the Affiliate Referred Member's Member Account is otherwise in breach of our Terms of Service;
         2. you have breached any provision in these Program Terms or our Terms of Service;
         3. you or your Affiliate Referred Member have multiple Member Accounts,

      and we may also take any other action we reasonably deem appropriate, including immediate, temporary or permanent withdrawal of your right to use the Platform or closure of your Member Account.

      1. The decision of Slushy in all matters relating to the Affiliate Program, the Affiliate Referral Credits and these Program Terms is final and binding and no correspondence or discussion will be entered into.

8. Changes to, or termination of the Affiliate Program

   1. Slushy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Affiliate Program with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud).

   2. We may also modify or discontinue the Affiliate Program on reasonable notice to you. Any such changes to, or termination of, the Affiliate Program will not affect:

      1. your eligibility to receive Affiliate Referral Credits; or
      2. the value of any Affiliate Referral Credits that you might receive,

      in each case for purchases made by Affiliate Referred Members that created a Member Account before the changes or termination took effect.

9. Our responsibility to you

   1. We will not be responsible to you for:
      1. any losses that are caused by a delaying event outside our control, such as losses that you suffer as a result of any delays experienced by Affiliate Referred Members in setting up a Member Account, or any delays in crediting the Affiliate Referral Credits to your Member Account, in each case that are due to any emergency or scheduled maintenance of our systems that cause the Platform or certain features of the Platform to be unavailable;
      2. any losses you suffer that were not reasonably foreseeable. Loss is foreseeable if either it is obvious that it will happen or if, at the time you applied to become an Affiliate, both we and you knew it might happen;
      3. loss that you could have avoided by taking reasonable action, or loss that s caused by a failure by you to comply with these Program Terms;
      4. loss that relates to your use of the Platform or your participation in the Affiliate Program for the purposes of your trade, business, craft or profession.
      5. Nothing in these Program Terms shall exclude the liability of Slushy for death, personal injury, fraud or fraudulent misrepresentation as a result of its negligence, or any other matter for which the law does not allow us to exclude or limit our liability.

10. Your personal details

    1. Please see our Privacy Notice for more information about how we handle your information.

11. Governing law and dispute resolution

    1. If you are in the US or Canada, the Affiliate Program will be governed by laws of the State of Florida, without regard to its conflicts of laws rules. The state and federal courts located in Florida will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Program Terms or their formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Any disputes arising from or related to these Program 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.
    2. If you are not in the US or Canada, the Affiliate Program and these Program Terms will be governed by the law of the country you are in. The courts of that country will have non-exclusive jurisdiction over any dispute arising from or related to these Program Terms or the Affiliate Program.

12. General

    1. We intend to rely on these Program Terms as setting out the written terms of our agreement with you for each of your and the Referred Member's participation in the Affiliate Program. If part of these Program Terms cannot be enforced then the remainder of the Program Terms will still apply to our relationship.
    2. If you have any questions about the Affiliate Program, please email us at [email protected] with "Affiliate Program" in the subject line.