Coca-Cola has offered to pay $21.1m to Burger King after it undermined a beverage market test in the fast food chain’s Virginia restaurants three years ago.

The Frozen Coke scam had been to hire an outside consultant to spend up to $10,000 buying Burger King meals to boost demand for the frozen drink. Burger King ended up investing $65m in Frozen Coke machines.

Coke will now pay $6.4m to the fast food chain, which Burger King said would be used for advertising purposes.

Coke will also pay $1000 to each Burger King restaurant that had a Frozen Coke machine installed after May 2000.

Burger King chief executive Brad Blum said that the agreement would “foster an even stronger partnership with” Coca-Cola.