TOMS Besties Program — Terms & Conditions

IMPORTANT: This agreement contains a binding arbitration clause and class action waiver. Please read carefully before joining the program.

This Program Agreement ("Agreement") is between you ("Member" or "you") and TOMS Shoes LLC ("TOMS," "Company," "we," or "us") and governs your participation in the TOMS Besties Program ("Program").

By applying to the Program, you agree to these terms.

1. Program Overview

What You Do: Promote TOMS products to your network using your unique referral code or affiliate link.

What You Get: Earn commissions on qualifying purchases made through your referrals, plus personal and audience discounts, and (depending on tier) a welcome gift.

Relationship: You're an independent contractor, not an employee of TOMS. You cannot make commitments on TOMS's behalf.

Program Tiers: The TOMS Besties Program has three tiers. We'll assign you to the appropriate tier when you're accepted into the Program.

Tier assignment is at our sole discretion. We reserve the right to move members between tiers based on performance, engagement, or other factors.

2. Eligibility & Requirements

To participate, you must:

●      Be at least 18 years old

●      Have a Tremendous account (or be willing to create one) for commission payments if receiving cash payouts

●      Follow FTC disclosure requirements (see Section 3)

●      Keep your account information current, including payment details

●      Follow all program rules and applicable laws

Important Email Notice: Program notifications will be sent from Buzzbassador at noreply@buzzbassadorapp.com or noreply@app.buzzbassadorapp.com, as well as from besties@toms.com. You must whitelist these email addresses to ensure you receive important updates about your account, commissions, and program changes. Emails sent to spam/junk are still considered delivered, and you're responsible for any missed communications.

You can update your information by emailing us at besties@toms.com or accessing your Buzzbassador portal at https://buzzbassadorapp.com/member-login

For help and FAQs, visit: https://help.buzzbassador.com/en/collections/14145948-resources-for-ambassadors

3. FTC Disclosure Requirements

The FTC requires you to clearly disclose your relationship with us. You must:

For Social Media Posts:

●      Include an appropriate disclosure (e.g., #TOMSpartner, #TOMSbesties, #sponsored, #ad) in a clear and conspicuous way

●      Place disclosures where they can't be missed (not buried in hashtags)

●      Make disclosures in the same language as your post

●      Include disclosures in videos and stories, not just descriptions

For In-Person and Direct Referrals:

●      Verbally disclose that you earn commissions when sharing with friends and family

●      Be honest about your experience with our products

●      Never make false or misleading claims

Remember: "Clear and conspicuous" means your audience should easily notice and understand that you have a financial relationship with TOMS.

4. How to Promote

You have two ways to track referrals:

1. Affiliate Link (Recommended):

●      Your personalized link automatically applies your audience discount and tracks the sale

●      Works even if the discount code isn't used at checkout

●      Most reliable tracking method, protects against missed commissions

●      Best for: Bio links, posts, stories, emails, swipe-ups

2. Referral Code:

●      Your unique code that customers enter at checkout for their discount

●      Great for casual conversations, DMs, or verbal sharing

●      May not track if: sitewide sales override it, browser extensions (like Honey) inject different codes, or other promotions take precedence

Customer and member discount percentages are subject to change per Section 8.

Important: Both methods earn you commission, but we strongly recommend using your affiliate link whenever possible. Your link acts as a backup to ensure you get credit even if your discount code doesn't get applied at checkout. This helps prevent missed commissions from technical issues or competing promotions.

Where You Can Promote:

●      Social media profiles and content

●      Personal blog or website

●      In-person to friends, family, and network

●      Direct messages to people you know

●      Email to your personal contacts

As long as someone genuinely finds TOMS through your personal efforts and uses your code or link, you'll earn commission. This includes word-of-mouth referrals.

5. Program Rules

Do:

●      Share authentically with people in your genuine network

●      Be honest about your experience with TOMS products

●      Respect other members of the Program

●      Track your referrals properly using your code or link

Don't:

●      Use your own code or link to place personal orders

●      Post your code on TOMS's social media pages

●      Submit your code to coupon or deal sites (RetailMeNot, Honey, SimplyCodes, Rakuten, CouponCabin, Slickdeals, etc.)*

●      Mass-distribute your code to strangers or bulk lists

●      Run paid ads without our written permission (includes Google Ads, Facebook Ads, Instagram Ads, TikTok Ads, etc.)

●      Misrepresent your relationship with TOMS

●      Sell TOMS products at events without written permission

Note on Coupon Site Leaks: We regularly monitor coupon sites for leaked codes. If your code is found on these sites, we'll immediately replace it with a new code and delete the leaked one. This protects you from unauthorized use of your code and ensures accurate commission tracking. Your affiliate link remains unchanged, and your new code will appear in your Buzzbassador dashboard.

6. Commissions

Rate: Your commission rate depends on your tier:

●      Creator Tier: 15% of net sales

●      Fan Tier: 10% of net sales

●      Customer Tier: 10% of net sales

Net sales are calculated after discounts, taxes, and shipping. Commission rates are subject to change per Section 8.

Qualifying Purchases:

●      Customer uses your code at checkout OR clicks your affiliate link

●      Payment is successfully processed

●      Order is not cancelled or returned

●      Sale can be from online or in-person referrals you made

Processing Period:

●      Commissions enter a 30-day processing period after the sale

●      This protects against returns and refunds

●      Your commission becomes payable only after this period ends

●      Example: If you make a sale on January 1st, it becomes payable after 30 days

Payment:

●      Paid monthly in USD

●      Payment method: Cash via Tremendous OR store credit (at our discretion)

●      If paid in store credit, learn how to redeem at: https://help.buzzbassador.com/en/articles/11869655-members-how-to-redeem-store-credit-payouts

●      Commissions are paid approximately on the 1st and 15th day of each month. After the 30-day processing period, this can mean up to a 45-day time period between a referral and a payout.

●      Only commissions that have completed their processing period are included

●      You're responsible for payment processor fees and taxes

Payment Method Requirements: For cash payouts via Tremendous, you must maintain an accurate and valid email in your Buzzbassador account. If we cannot pay your commissions due to an incorrect, outdated, or missing email address, we'll attempt to notify you. However, if you fail to update your payment method within 90 days of earned commissions becoming payable, those commissions may be considered forfeited. We're not responsible for payments sent to incorrect accounts due to your error.

Forfeiture for Violations: Commissions will be automatically forfeited and declined if they result from any fraudulent or prohibited activity, including but not limited to:

●      Sales generated from codes leaked to coupon sites

●      Self-referrals (using your own code for personal purchases)

●      Any violation of these terms

We reserve the right to withhold all pending commissions if fraudulent activity is suspected or confirmed.

Tracking Your Earnings: The "My Earnings" page in your Buzzbassador portal shows only your paid transaction history. You won't see:

●      Commissions still in the processing period

●      Commissions that are due but not yet paid

●      Any pending or upcoming payouts

Payouts will only appear after you've actually received the payment. Contact us if you have questions about pending commissions.

Why the wait? Since customers can return items within our return period, we hold commissions until we're sure the sale is final. This prevents situations where you'd get paid for a sale that gets refunded later.

Exclusions: No commission on:

●      Orders you place using your own code or link (self-referrals)*

●      Orders after your termination

●      Cancelled or returned orders

●      Purchases from unauthorized paid advertising

●      Purchases from codes leaked to coupon sites*

●      Improperly tracked orders

These violations may also result in forfeiture of all pending commissions.

7. Welcome Gifts

Depending on your tier, you may receive a welcome gift upon joining the Program.

Welcome gifts are subject to availability and may be substituted at our discretion if a selected style is out of stock. Welcome gifts are for personal use only and cannot be resold. Failure to actively participate in the Program after receiving a welcome gift (including but not limited to failing to share your code or link, or generating zero referrals over an extended period) may result in removal from the Program per Section 9.

8. Campaigns

What are Campaigns? We may invite you to participate in special Campaigns with specific goals and rewards beyond your regular commissions. Campaigns are always optional and invite-only.

Campaign Invitations:

●      We choose which members to invite at our sole discretion

●      Not all members will be invited to every Campaign

●      If invited, participation is optional; you choose whether to participate

●      Invitations sent via email from noreply@app.buzzbassadorapp.com or noreply@buzzbassadorapp.com

Campaign Types:

Paid Content Campaigns: We invite you to create and post specific content on designated platforms (Instagram, TikTok, Facebook, or YouTube) in exchange for a fixed reward. Requirements may include specific @mentions, #hashtags, keywords, content type (story, video, post), or product focus.

Sales Bonus Campaigns: You earn additional rewards on top of your regular commission by hitting sales goals (such as a specific sales amount or number of referrals) within the Campaign period. Progress is tracked automatically.

Campaign Details:

●      Each Campaign has a start date and either an end date or is open-ended

●      Fixed end date: Only activity between start and end dates counts

●      Open-ended: Activity counts from start date until we manually end the Campaign

●      Each invite includes a link to view full Campaign details, requirements, and rewards

Campaign Rewards:

●      Set by us and may be paid as cash via Tremendous or store credit

●      Subject to same payment rules and forfeiture conditions as regular commissions

Paid Content Campaign Requirements:

●      Must post on specified platform

●      Must use specified content type

●      May require specific @mentions, #hashtags, or keywords in content or caption

●      Must manually submit your post via the Campaign page between start and end dates

●      Submit button only appears during Campaign period; missing the deadline forfeits your reward

Sales Bonus Campaign Requirements:

●      Your code or link must be properly used (no coupon sites, no self-orders, etc.)

●      May require specific products to be purchased

●      Progress tracked automatically; no submission needed

Content Usage Rights: By submitting content for a Paid Content Campaign, you grant TOMS unlimited, irrevocable rights to use that content for any purpose, including but not limited to:

●      Marketing materials (website, email, brochures, etc.)

●      Our social media channels

●      Paid advertising

●      Any other promotional use

This license is worldwide, royalty-free, and perpetual.

Submission & Approval:

●      We may reject submissions that don't meet requirements

●      If rejected, you'll receive feedback and can resubmit

●      You can resubmit after each rejection until accepted or the Campaign ends

●      Each member can only participate once per Campaign

Important Notes:

●      We're not responsible for missed Campaign emails in spam or junk

●      We reserve the right to reject rewards for fraudulent activity

●      Campaign completion notifications will be sent via email

9. Important Legal Terms

Program Changes: We reserve the right to modify your referral code, commission rate, discount percentage, tier assignment, or any other program terms at any time and for any reason, with or without notice. This includes immediately changing your code if it's found on coupon sites or being used without authorization. We also maintain the right to remove members from the Program at our discretion (see Section 10). Commissions may be forfeited if payment methods are not properly maintained or if fraudulent activity occurs (see Section 6). Continued participation after changes constitutes acceptance.

Intellectual Property: You don't gain any rights to TOMS trademarks, logos, or content.

Confidentiality: Keep any non-public information about the Program confidential.

Liability Limit: Our maximum liability is limited to commissions earned in the past 12 months.

Indemnification: You'll defend TOMS from claims arising from your participation in the Program.

No Warranties: The Program is provided "as is" without warranties. We don't guarantee any specific results or earnings.

10. Term & Termination

●      Either party can end this agreement at any time with written notice

●      We may terminate immediately for violations or fraudulent activity

●      Earned commissions will be paid after termination (subject to our verification)

Our Right to Remove Members: We reserve the right to remove you from the Program at any time and for any reason, with or without notice, including but not limited to:

●      Suspected or confirmed violation of these terms

●      Lack of participation or engagement in the Program

●      Failure to respond to our communications (email, DMs, etc.)

●      Insufficient performance (e.g., minimal referrals, posts, or sales)

●      Any conduct that may harm the TOMS brand or reputation

●      At our sole discretion for any other reason

Upon termination, you must immediately stop using your code, links, and representing yourself as a TOMS Besties member.

11. Dispute Resolution

First Step: Try to resolve disputes informally by contacting us at besties@toms.com

Arbitration: If we can't resolve informally, disputes will be settled by binding arbitration in Los Angeles, California under AAA rules.

No Class Actions: All disputes must be brought individually, not as part of a class action.

Governing Law: This Agreement is governed by California law.

12. General Terms

●      We may update these terms; continued participation means acceptance

●      This is the complete agreement between us

●      If any provision is invalid, the rest remains in effect

●      You cannot transfer this agreement without our permission

13. Contact Information

General Inquiries: besties@toms.com

Legal Notices: legal@toms.com

Mailing Address: TOMS Shoes LLC, 5800 Uplander Way, Suite 100, Culver City, California, 90230, U.S.A

Last Updated: April 21, 2026

By joining the Program, you confirm that you have read, understood, and agree to these terms.