General Use Terms
General Use of Indi Site and Apps.
(ii) You are not granted any rights or licenses to any patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any Indi technology, copyrights or trademarks, and Indi reserves all rights not expressly granted hereunder. Indi™ and all the other marks, custom graphics, icons, logos and service names used with the services are the registered trademarks, trademarks or service marks of Indi or its licensors. The use of any such trademark or service mark without Indi's express written consent is strictly prohibited.
(iii) Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including merchants, are those of the respective author(s) and not of Indi. Neither Indi nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances will Indi be liable for any loss or damage caused by your reliance on information obtained through Indi.
Things I Love
You have the ability through the Indi Site and Apps to add product or service shopping links (“Shopping Links”). Indi provides you with a limited license to use the Indi Site and Apps to create Shopping Links and to manage the payment of commissions from merchants back to you.
From time to time merchants may immediately increase or decrease the commission percentages. While Indi takes reasonable care to keep the data provided on the Site and/or Apps accurate and up to date, any merchant revised commissions on our Site and Apps may be incorrect until Indi is able to update changes made by merchants. Indi gives no warranty of the accuracy of any information and does not accept liability for any errors or omissions, neither do we accept liability for any resulting damage or loss. By default, your applicable transactions will be credited in line with the commission reported to us by the merchant, which may be more or less than the advertised rate. Some merchants pay commissions on the purchase amount inclusive of tax and/or delivery charges and some merchants exclude these values for the purpose of calculating and awarding commissions. Please review the affiliate program terms of the merchants you are linking products to and determine the restrictions and details associated with their crediting of transactions and payments.
When Indi receives notice of a pending applicable transaction to your account, we will indicate your account with a “pending transaction”. Once the merchant confirms the transaction, it will be marked as “confirmed” – this can take 30-60 days or more from the date of the underlying purchase. This is primarily due to the reason that merchants typically pay only once a month and only once a sale passes through the applicable return window without being returned. Therefore, each merchant’s payment cycle may be different, and for each merchant a given product may be different depending on the specific return period for the product. If the goods are returned or the sale reversed or amended by any means then the commission payout will not be made. Confirmed commissions become payable to you once Indi actually receives the commission amounts and subject to the threshold amount described below (“Payable Commissions”).
Qualifications and Restrictions
Applicable transactions for commissions can be defined as transactions that fulfil the following criteria:
(a) Transactions which are tracked directly back to your account by means of an identifying tag, as set up by Indi and reported to us by the merchants and/or their tracking networks. Individuals must click through to the merchant via the Shopping Links you have added.
(b) Individuals must complete their transaction after clicking directly through to the merchant. Most merchants will clear the tracking if the individual navigates away to other sites and then returns to the merchant site via any other third-party site. Therefore, purchases must be completed immediately following clicking through and be done wholly online. If the user who clicks through your Shopping Links has disable 'cookies' on his/her computer, you will not be able to earn commissions as cookies are used to authenticate for most merchants. If the merchant decides a transaction wasn't genuine for any reason, or if the merchant decides that a transaction (whether tracked or not) was deemed to have been provided by another website (such as but not limited to a comparison site or a search engine) then the transaction will not be applicable.
(c) If your account is terminated or disabled for any other reason, then any pending commission amounts will be forfeit and any further transactions which might otherwise become credited to your account will not be deemed to be applicable.
Please note that we cannot be held responsible if the merchant fails to report your sale to us. Merchants have their own rules upon which they determine transactions to be genuine. These rules may or may not be advertised by Indi or the merchant and may be discretionary. If Indi requests the recovery of confirmed but non-payouts from the merchant, the decision of the merchant or merchant’s tracking agent is final. Where a commissions inquiry has been successfully paid by a merchant, you may still receive a lower amount than expected due to the amounts received by Indi possibly being lower than the original claim. If a merchant still hasn't paid a commission claim after a period of four months then we reserve the right to close the inquiry claim.
Indi reserves the right to reclaim or make balance adjustments accordingly where it has been established that any pending or confirmed commission amounts have been applied in error. This will include but is not limited to transactions where the credit for the transaction is not genuinely due or payout for any credited transaction has not been received from a merchant or its agencies. This can include transactions which are already marked as “Payable” in your account, or for transactions which have already been paid over to you. Indi reserves the right to apply fraudulent prevention measures as it sees fit.
Commissions payouts will be issued at your request (maximum of 2 requests per month), provided that you have provided the information necessary to process your payment: your first and last name, a valid email address and a valid postal address at which you are able to receive mail. You will be able to request a commissions payout once you have Payable funds in your account that exceeds $25. Indi pays members in U.S. dollars via check, Paypal, and sometimes other payment options. If payments outside the US are through PayPal, there is typically a 0.50% (or 0.005) fee on the total payment amount charged by PayPal to process international transactions. In instances when this international fee is charged to pay you, it will be deducted from your commissions balance. PAYOUTS RECEIVED BY INDI ARE HELD AS INDI FUNDS UNTIL SUCH TIME AS THEY ARE REQUESTED TO BE PAID BY AN ACTIVE ACCOUNT IN GOOD STANDING.
Should a merchant delay payout or cease business then we will make reasonable efforts to recover your commissions, but we can make no guarantees to payout until funds have been received from the merchant or their agents. Individual payout methods may be limited or withdrawn by Indi on a discretionary basis. It is your responsibility to make sure payout details are accurate to avoid losing any due payouts. Indi will not be held liable for any delays, or consequences of delays in payout. At any point Indi reserves the right to put payout requests on hold pending any investigation by Indi or any merchant. If Indi has any reason to suspect fraudulent activity is associated with your account, Indi reserves the right to delay or withhold payment of commissions, and you give Indi permission to review your account with merchants in cases where Indi or the merchant suspects fraudulent activity. Indi is not responsible for lost or stolen payments, and for lost checks, please contact us to request a stop payment, where Indi will charge a $10 fee to stop payment and re-issue. If you do not believe that commissions have been correctly credited to your account you must contact Indi within 90 days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Shopping Links Program.
You may be taxed on your receipt of cash and other consideration (merchandise, travel, etc.) for member referrals, depending on the tax laws of federal, state, and local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for member referrals. Indi may request additional information for tax reporting purposes and may withhold any future payments until such information is received.
If your account is inactive for more than six (6) consecutive months, Indi reserves the right to debit your Indi account balance two dollars and fifty cents ($2.50) per month to recover the cost of account maintenance until (i) you reactivate your account by completing a qualifying purchase and update your account information (providing a valid name, email and mailing address), or (ii) your account balance is zero. If the balance in your inactive account is or becomes zero, Indi will close the account permanently and cease to maintain your account records and Shopping Links Program access. Any failure to comply with this Agreement and/or the Shopping Links Program, any fraud or abuse relating to the accrual or receipt of commissions rewards, or any misrepresentation of any information furnished to Indi or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Shopping Links Program and forfeiture of your accrued commissions rewards.
Registration; Customer Accounts.
(i) You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Indi immediately of any unauthorized use of your account or password, or any other breach of security. You agree to provide us with accurate, current and complete information about yourself and your billing/payment information as prompted by the registration process or any conversion and redemption process.
(iii) You hereby represent, warrant and agree to not use Indi Site and/or Apps together with any post or submission that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or which in any way promotes or facilitates any such activity;
- is or promotes racism, bigotry, terrorism, or any hatred or physical harm of any kind against any group, individual or animal;
- infringes, violates or misappropriates any patent, trademark, trade secret, copyright, right of publicity or other right of any party, or otherwise promotes or facilitates any such activity;
- is in violation of any applicable local, state, national and international laws and regulations, or otherwise promotes or facilitates any such activity;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling, or which in any way promotes or facilitates any such activity;
- solicits passwords, financial or any other personal identifying information, or otherwise promotes or facilitates any such activity;
- attempts to gain unauthorized access to the Site and/or Apps, other accounts, computer systems or networks connected to the Site and/or Apps, through password mining or otherwise, or which in any way promotes or facilitates any such activity;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Indi or any third party, or which in any way promotes or facilitates any such activity;
- harvests or collects any information from individuals, or which in any way promotes or facilitates any such activity;
- impersonates any person or entity, or which in any way promotes or facilitates any such activity;
- constitutes any improper or inappropriate (in Indi's sole determination) communication or attempted communication with a minor; or
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, or which in any way promotes or facilitates any such activity
Consent To Collection, Use & Disclosure of Your Personal Information and Content.
(ii) Your Indi account name may be publicly visible when you post any content on the Site. By registering and becoming a member of Indi, all visitors and other Indi members may be able to search your profile by entering (a) your first and/or last name provided by you in your account information, (b) your email address as provided by you in your account information, and (c) other pieces of basic information in your profile, including without limitation, any and all Content that you are associated with. If you send an email, text or other form of communication to another individual using any service or tools offered on the Site, your first name, last name and email address will be disclosed to the recipient of any such communication.
Disclaimer of Warranties. THE SERVICES, CONTENT, DATA, AND INFORMATION ARE PROVIDED "AS IS." INDI EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.