Commercial Entity vs. Independent Developer

When reading the License Agreement, I am confused by the the definition of “commercial entity.” If an independent developer (e.g., coding in their basement after work) creates a game and makes it available in the iTunes App Store, are they counted as a “commercial entity?” And if so, is their annual family income taken into account?

In other words, if the developer and their spouse make more than $100,000 pre-tax, do they have to pay for Unity Pro? Or do you only take into account money earned from games created with Unity?

From the agreement:

Unity Free, which include the free
platform add-on products, may not be
licensed or used by a commercial
entity with annual gross revenues
(based on prior fiscal year) in excess
of US$100,000, or by an educational,
academic, non-profit or government
entity with a total annual budget for
the entire entity (based on prior
fiscal year) in excess of US$100,000.

I received an answer from the Unity support team via email. I’ll copy it here:

Your family income does not count.
Families are not commercial entities.
If you cannot afford to use the pro
license then you are able to use the
free version to make and sell games,
the moment you earn money (not from
employment) over $100,000 in fact, you
are required to own a pro license if
you wish to continue using Unity.