Terms of Service
Overview
Integral Technologies, Inc. ("Integral", "we", or possessively "our"), a Georgia-based corporation, owns and operates the website known as Pincredibles. Integral invites you to participate in the FREE Pincredibles program, with the intent of sharing content with other members and sharing profit generated by Pincredibles.
Pincredibles provides its members with the ability to share content from other sites, as well as access to shopping at its featured retailers' websites.
Pincredibles Members may post any acceptable content to the Pincredibles website. Some content may be from sites that are featured retailers of Pincredibles. In these case, clicking through to the featured retailers' websites and making purchases may generate commissions for Pincredibles. That commission and other forms of revenue will be shared by members.
Qualifications
To join Pincredibles, you must either be at least 18 years of age and you must be a legal resident of the U.S., U.K., Canada, Australia, or Ireland. If you are initiating registration on behalf of an organization, then you represent that you are duly authorized to make such registration on behalf of the organization and that you may enter the organization into a binding agreement.
One Account Per Individual or Organization
Membership is limited to one account per individual or organization. You understand that this is a critical requirement for the proper function of Pincredibles and, as such, it shall be rigorously enforced. Violation of this or any term in this agreement may result in immediate account termination and forfeiture of any earnings.
Referrals
You may refer an unlimited number of new members, who will be placed as your direct referrals.
As a Pincredibles Member, you may increase your profit share based on the activity of your direct referrals.
Profit Sharing
Pincredibles may generate revenue from shopping at featured retailers, advertising, and other sources. Pincredibles agrees to pay a share of its profits to members, based on each member's activty and contributions
The following are some factors that may be taken into consideration in the Pincredibles profit-sharing formula
- Number of posts
- Quality of posts, where quality may consider the following:
- Number of likes
- Number of re-posts from other members
- Number of comments from other members
- Number of click-throughs from other members
- Number and amount of purchases following a click-through from the post to a participating retailer
- Number and amount of trackable personal purchases at participating merchants
- Number of active referrals
- Activity of your referrals in terms of referral posts, post quality (as defined above), and trackable referral purchases at participating merchants
- Purchases through links you share on external sites, such as Twitter and Facebook
The specific formula for determining profit-share may not be divulged for competitive and quality-assurance reasons (i.e. to prevent "gaming"), and may be adjusted to encourage activity that results in a quality experience for members.
However, the Pincredibles profit-share formula will pay the majority of its profits to members. Pincredibles will also provide reports to members which detail their profit-share for a given period.
Payments
Pincredibles pays participating members their profit-share once per quarter. At its discretion, and as required by payment processing partners, Pincredibles may apply a minimum payment requirement of $1.00. Therefore, if your balance due for a particular pay period does not meet this threshold, it may be carried forward to subsequent pay periods, until such time as your total balance due meets or exceeds the threshold.
Purchases are processed one month in arrears to allow for processing returns, exchanges, and other adjustments. Please see the following table for payment months.
| Pay Date | Covers Activity From |
|---|---|
| January | September, October, and November (all of previous year) |
| April | December (of previous year), January, and February |
| July | March, April, May |
| October | June, July, August |
Payments are sent on or about the 15th of the month. If the 15th falls on a holiday or weekend, then payments are sent the next business day following.
Payment Method
Pincredibles currently pays its members by PayPal. This payment method requires that you specify on your Pincredibles account information, an e-mail address that is associated with a verified PayPal account. It is your responsibility to ensure that you have provided accurate and complete information required for Pincredibles to make payment to you. Any payment not received and/or accepted by you within 60 days from the scheduled date of issue will be forfeited. Pincredibles reserves the right to modify this payment method, including, but not limited to, other forms of electronic payments. Pincredibles will deduct 2% of the payment amount up to a maximum of $1.00 from each payment as a payment processing fee. This fee is charged to Pincredibles by PayPal and Pincredibles does not profit from this fee. You understand that there is a $10,000 single-payment maximum allowed by PayPal. If the amount we owe you exceeds $10,000 for one pay period, we will break the payment into multiple payments as necessary. This means the above fee will be assessed per payment.
Pincredibles is always exploring other payment methods and may change available payment methods at any time.
No "Bots", Scripts, or Automated Access
You may not access the Pincredibles website or data contained therein with "bots", programs, scripts, or any other automated process or technique. "Automated Access" is defined as any attempt to connect to or interact with the website or its information via a network connection, utilizing programs, scripts, or software code that executes actions on behalf of an individual or Pincredibles account.
Violation of this provision constitutes grounds for immediate account cancellation without notice, as well as forfeiture of any accrued earnings.
Promotion
You understand that in addition to spam, certain types of promotion are prohibited, as follows:
- Search engine promotion that includes keyword bidding on any featured retailer's name, brand names, or derivations thereof
- Search engine promotion that includes ad text containing any featured retailer's name, brand names, or derivations thereof
- Any promotion which seeks to present the member as a representative or agent of Pincredibles or any of our featured retailers
- Any promotion that includes the logos or other owned marks of Pincredibles or featured retailers
- Registering confusingly similar domain names or otherwise typo-squatting on the names of Pincredibles or our featured retailers
- Falsely representing Pincredibles's program terms or otherwise misleading people
- Any promotion that would reflect negatively on Pincredibles or otherwise associate Pincredibles with questionable moral themes
In addition, Pincredibles prohibits promotion on certain websites or other "contexts", where a context is defined as a blog, forum, web page or other content medium. These include:
- Websites or contexts that promote or display content that may be deemed pornographic or offensive
- Websites or contexts that promote hatred or intolerance of others
Use of this website for any purpose other than private, non-commercial purposes is prohibited. In particular, use of any software or automated system to extract data from this website for the display on any other website ("screen scraping") is strictly prohibited.
These are only guidelines and Pincredibles reserves the right, in its sole judgement, to make exceptions and to decide which specific instances of promotion it will allow.
Copyright
The term "copyright" protects rights to the intellectual property created and published online at Pincredibles. It includes visual design, layout, code and processes. No person or organization may use or reproduce in any form any part of Pincredibles without prior written consent. This prohibition applies to unauthorized uses or reproduction for public or private use.
Pincredibles is a service mark of Integral Technologies.
Spam
Pincredibles does not send any unsolicited emails. If you wish to unsubscribe from any mailing list or notification, please visit the E-mail Settings page and select your preferences there.
Privacy
You agree that Pincredibles may use information regarding our relationship with you in our marketing and promotional efforts. This information includes payments made to you by Pincredibles. We will not reveal your personal contact information and will only reference your profile photo, state of residence and member name, unless we first obtain express-written permission from you. Either party may change its contact information from time to time upon written notice to the other party.
All members who have earned profit-share on Pincredibles will have access to earnings reports. Earnings reports may contain:
- List of each submitted post and total commission generated for those deals
- Total profit-share generated from referrals and shared purchases
- Sum total of all earnings
Limitations, Liabilities & Exceptions
We are not liable for any technical failure, whether ours, yours, our merchant partner's, or other involved parties. You also acknowledge that if anyone who shops has disabled cookies, JavaScript or other technologies used in tracking purchases, then it is technically infeasible for Pincredibles to track such purchases and credit your account.
We provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. You waive any claim resulting from your exposure to material on or through Pincredibles that is offensive, indecent, or otherwise objectionable.
You understand that some purchases at our featured retailers' websites may not generate commissions. These include, but are not limited to gift certificates, gift cards and other items. In no event shall Pincredibles be obligated to pay commissions for purchases that do no generate a marketing commission for Pincredibles. In addition, you understand that Pincredibles will not submit any inquiries to retailers about any missing or insufficient credits on behalf of any member, and Pincredibles will not for any reason credit member accounts that do not generate commissions for Pincredibles.
You accept to waive any claim related to the inclusion, placement, exclusion, or removal of any coupon code or deal details in the Pincredibles directory and to grant Pincredibles a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from your submission.
IN NO WAY ARE FEATURED Pincredibles RETAILERS RESPONSIBLE FOR THE OPERATION OF THE Pincredibles PROGRAM, NOR ARE SAID RETAILERS OBLIGATED TO FURNISH PAYMENT TO Pincredibles MEMBERS. THIS AGREEMENT IS MADE ENTIRELY BETWEEN Pincredibles AND YOU, THE PARTICIPATING MEMBER.
Disclaimer of Warranties
Pincredibles MAKES NO, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER SUBJECT TO THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Pincredibles MAKES NO WARRANTY THAT OPERATION OF THE Pincredibles SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE AND Pincredibles MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH Pincredibles'S FEATURED MERCHANTS' SITES OR ANY TRANSACTIONS ENTERED INTO BY WAY OF THE Pincredibles SITE. Pincredibles IS IN NO WAY INVOLVED WITH THE ORDER PROCESSING AND FULFILLMENT AT OUR FEATURED MERCHANTS' SITES.
IN NO EVENT SHALL Pincredibles BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF DATA, OR EQUIPMENT DOWNTIME), EVEN IF Pincredibles KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Pincredibles'S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE COMMISSIONS EARNED BY YOU HEREUNDER.
General Provisions
No failure or delay in exercising, on the part of either party, any privilege, power or rights hereunder will operate as a waiver thereof. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Georgia. Any action relating to this Agreement must be brought in the federal or state courts located in Atlanta, Georgia and you irrevocably consent to the jurisdiction of such courts. Any waivers or amendments shall be effective only if made in writing signed by a representative of the respective parties authorized to bind the parties. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
Term & Termination
This agreement will become active on the date that you open your account with Pincredibles and may be terminated at any time by either party with or without cause. Members may request account termination by contacting our helpdesk. In the event that this agreement is terminated, you agree to remove all links and other promotional material related to Pincredibles from any website, where possible, within two business days following the termination date. Further, Pincredibles agrees to pay any outstanding commission due to you within ninety (90) days of the termination date or until your final purchase has exceeded the retailer's return policy expiration date, whichever is greater. You agree, that you will re-pay any outstanding balance that you owe Pincredibles as a result of returns, exchanges and other debiting transactions for which we have already paid you within thirty (30) days of the termination date. In the event that a member has engaged in fraudulent activity or otherwise violated the terms of this agreement, the member forfeits all earnings on all transactions and Pincredibles may terminate the member's account without further obligation to that member.
Pincredibles reserves the right to disapprove any registration for any reason. In the event of disapproval, you may request the reason for our decision by using the "Contact Us" feature of the Pincredibles website.
Violation of any part of these terms will result in immediate termination of your Pincredibles account. Any monies that you have earned will be forfeited. Further, Pincredibles reserves the right to pursue legal action, through which we may seek both compensatory and punitive damages. In addition, we may also pursue criminal charges where applicable. The terms set forth herein are critical to the integrity of the Pincredibles program and to the protection of participating members. As such, they shall be rigorously enforced.
Modifications
Pincredibles reserves the right to modify this agreement at any time. We will make every reasonable effort to contact you using the information that you provide to notify you of such changes. At our option and in lieu of contacting you directly, we may advise you of modifications to this agreement by placing this information prominently on the Pincredibles website. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A NEW AGREEMENT ON OUR SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE MODIFIED TERMS.