Affiliate Program Terms

1. The Program

These Affiliate Program Terms (“Program Terms”) govern participation in the Frosty referral and affiliate program operated by FROST THE BRAND LLC (“Frosty,” “we,” or “us”). They supplement, and are part of, our Terms of Service; capitalized terms not defined here have the meaning given there. By generating or sharing a Frosty referral link, or by enrolling for cash payouts, you agree to these Program Terms. We may update them as described below.

2. Eligibility

To participate you must have a Frosty account in good standing, be at least 18, and be legally able to receive payments in your jurisdiction. To receive cash commissions you must complete payout onboarding (below), including any identity and tax information our payment processor requires. We may decline, suspend, or remove any participant at our discretion, including for the conduct described in Section 7.

3. How You Earn

The program has two parts:

• Referral credits (Tier 1): when a new workspace signs up through your referral link and actually begins using Frosty, you receive free Frosty credits as shown on your Refer & Earn page. These credits are promotional, have no cash value, and are subject to our Terms.
• Cash commission (Tier 2): when a workspace you referred becomes a paying customer, you earn a recurring cash commission equal to 30% of the eligible payments they make to us during their first 12 months as a paying customer.

Eligible payments are the pre-tax subscription amounts actually received and retained by us. Taxes, refunds, credits applied from balances, chargebacks, and amounts we do not ultimately collect are excluded. We determine attribution (which participant referred a given workspace) using our own records, which are final.

4. Holding Period, Payouts, and Onboarding

Commissions accrue as “pending” and become payable after a holding period of 60 days from the underlying payment, to allow for refunds and disputes. Payable commissions are paid out on a periodic (typically monthly) basis through our third-party payment processor (Stripe Connect). To receive any cash payout you must first complete payout onboarding with the processor, including valid banking and tax details; until you do, commissions accrue but are not paid. We may set a minimum payout threshold and may consolidate or delay payouts for operational, risk, or compliance reasons.

5. Clawback, Void, and Withholding

Commissions are contingent on us actually receiving and keeping the underlying payment. We may void, reverse, withhold, or claw back any commission (whether pending or, where permitted, already paid) if:

• the underlying payment is refunded, charged back, disputed, or otherwise reversed;
• the referred customer’s account is found to be fraudulent, duplicate, or in violation of our Terms;
• we reasonably believe the referral resulted from prohibited conduct (Section 7) or any misrepresentation; or
• required by law or our payment processor.

We may offset reversed amounts against current or future commissions, or recover them by other lawful means.

6. Disclosure Obligations (FTC)

When you promote Frosty, you must clearly and conspicuously disclose your material connection to us (for example, that you earn a commission or credits), in a way that complies with the U.S. Federal Trade Commission’s endorsement guidelines and any applicable law in your jurisdiction. Disclosures must be hard to miss (e.g., “#ad” or a plain-language statement near the link), not buried. You are solely responsible for the legality and accuracy of your own promotions.

7. Prohibited Conduct

You must NOT:

• Refer yourself, your own workspaces, or accounts you control, or coordinate with others to do so (self-referral / circular referrals);
• Create fake, duplicate, incentivized-without-disclosure, or otherwise inauthentic signups;
• Spam, send unsolicited messages, or use deceptive, misleading, or false claims about Frosty;
• Bid on or use our trademarks, brand terms, or confusingly similar domains in paid advertising, or impersonate Frosty;
• Use cookie stuffing, forced clicks, malware, or any technical means to manufacture or misattribute referrals;
• Make representations about Frosty’s pricing, features, or results that we have not authorized; or
• Violate our Terms of Service, any applicable law, or any third-party platform’s rules.

We may withhold or reverse commissions and remove you from the program for any prohibited conduct.

8. Taxes

You are responsible for all taxes on commissions you receive. You must provide accurate tax information (such as a Form W-9 for U.S. persons) before we can pay you, and we may withhold payment until you do. We will issue tax forms (such as a Form 1099) and report payments where required by law. Nothing in these Program Terms is tax advice; consult your own advisor.

9. Relationship of the Parties

Participation does not create any employment, agency, partnership, or joint-venture relationship. You are an independent participant, you have no authority to bind us, and you may only describe yourself as a Frosty affiliate or referrer, not as an agent or representative of FROST THE BRAND LLC.

10. Changes, Suspension, and Termination

We may change, suspend, or end the program (including commission rates, the holding period, eligibility, and these Program Terms) at any time, with notice for material changes where practicable. We may suspend or terminate your participation at any time, including for the conduct in Section 7. On termination, unpaid commissions that are not subject to clawback and that you remain eligible to receive will be paid in the ordinary course, subject to these Program Terms.

11. Governing Law and Contact

These Program Terms are governed by the laws of the United States and the State of Arizona, and the dispute-resolution, arbitration, disclaimer, limitation-of-liability, and other general provisions of our Terms of Service apply to them. Questions: email support@heyfrosty.ai.

FROST THE BRAND LLC, 7150 E Camelback Rd, Unit 444, Scottsdale, AZ 85251, USA.