Please read this agreement in its entirety. By registering to participate in the BigCrumbs.com program, you are indicating that you have read this agreement and that you agree to its terms.
Integral Technologies, Inc. ("Integral", "we", or possessively "our"), a Georgia-based corporation, owns and operates the website known as BigCrumbs.com. Integral invites you to participate in the BigCrumbs.com program, with the intent of saving money while shopping online and earning money by referring others to become BigCrumbs.com members.
1. OVERVIEW. BigCrumbs.com provides its members with access to shopping at its featured retailers' websites. This access is provided through links on the BigCrumbs.com site that, when clicked, transfer the member to the featured retailers' websites. This action causes purchases subsequently made at these websites to be be associated with BigCrumbs.com and the participating member. The retailers, then pay a commission to BigCrumbs.com, which we use to pay members in the form of cash back rebates and referral commissions.
2. MEMBERSHIP TYPES. BigCrumbs.com offers members two membership types, which are designated CrumbEarnerSM and CrumbSaverSM.
A CrumbSaverSM is a member who receives maximum cash back on his or her own purchases, and refers new members upon whose shopping they receive referral commssions. However, CrumbSavers only earn commissions on the shopping of their direct referrals. In other words, they do not earn commissions on referrals of referrals and so on.
The amount received by a CrumbSaverSM member is listed beside each retailer.
A CrumbEarnerSM is a member who also receives cash back on his or her own purchases and referral commissions on the shopping of members whom they refer. The cash-back amount received by a CrumbEarner on her own shopping, while still very generous, is somewhat lower than that earned by a CrumbSaver, and is listed beside each retailer.
In addition, CrumbEarners earn commissions on the shopping of all new CrumbEarner members referred by their referrals. This continues for up to five (5) CrumbEarner referral generations away.
The following table illustrates this commission structure, using the example that you have referred Angela, and that she and all subsequent referrals join as CrumbEarnersSM.
| Generation | Member | Referred By | Commission Earned By You |
| 1 | Angela | You | Yes |
| 2 | Bill | Angela | Yes |
| 3 | Carl | Bill | Yes |
| 4 | Diane | Carl | Yes |
| 5 | Elise | Diane | Yes |
Only one account of any type is allowed per person. A person may NOT refer members of the same household. Violation of these terms will result in account termination and forfeiture of any monies earned.
3. REFERRAL LIMITATIONS. You may refer an unlimited number of new members, who will be placed as your direct referrals (first generation).
As a CrumbSaverSM, you will be paid a commission on the purchases of your direct referrals. As a CrumbEarnerSM, you will be paid a commission on the purchases of your direct referrals and on purchases by all CrumbEarner referrals up to 4 additional generations away.
4. RECEIVING CREDIT FOR PURCHASES.
You understand that you must click through from the BigCrumbs.com website to the featured retailers' websites in order to receive credit for your purchases. You may also use any additional methods expressly provided by BigCrumbs.com to receive credit for purchases.
You understand that receiving credit for eBay purchases requires that you click through from BigCrumbs.com to place a winning bid or make a Buy It Now commitment as appropriate for the transaction type. You further understand that merely clicking through from the BigCrumbs.com website to make payment does NOT cause your credit to be activated at eBay.
You understand that credits for your purchases may take up to one month to appear on your BigCrumbs.com account, though usually much sooner. You agree that you have read the BigCrumbs.com "Tech Check" page, accessible from the Support link at the top of the BigCrumbs.com website, and that you will make every effort to comply with the technical requirements for receiving credit listed therein.
You understand that gift cards and gift certificates generally do not generate cash back, except where indicated or where a retailer's primary product is gift cards or gift certificates. You also understand that cash back and commissions are computed on the net purchase amount, which does not include taxes or shipping.
5. PAYMENTS. BigCrumbs.com pays participating members both cash-back from their own shopping and referral commissions from the shopping of others once per month. There is no minimum payment amount.
Purchases are processed one month in arrears to allow for processing returns, exchanges, and other adjustments. This means, for example, that cash back and referral commissions on purchases made in January will be paid in March. February purchases are paid in April, and so on.
Payments are sent on or about the 15th of the month.
6. PAYMENT METHOD. BigCrumbs.com currently pays its members by PayPal. This payment method requires that you specify on your BigCrumbs.com account information, an e-mail address that is associated with your PayPal account.
It is your responsibility to ensure that you have provided accurate and complete information required for BigCrumbs.com 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.
BigCrumbs.com reserves the right to modify this payment method, including, but not limited to, other forms of electronic payments.
7. PAYMENT PROCESSING FEE. BigCrumbs.com 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 BigCrumbs.com by PayPal and BigCrumbs.com 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.
You understand that if you exceed $600 in payments from BigCrumbs.com during a calendar year, BigCrumbs.com will be required by law to send you a 1099 form. At this point, we will request additional information from you, as required to complete the 1099 form. We will be unable to pay you for any amount exceeding $600 for any calendar year, until such time as you supply the required information.
8. STATEMENTS. On or about the 15th of each month, BigCrumbs.com will create a monthly statement which includes all purchases and revenue-generating transactions made up to and including the month PRIOR TO the previous month, that have not already been credited to your account. BigCrumbs.com will then include in said statement, all unprocessed returns, adjustments, and other negative transactions that occurred up to and including the time of statement creation. The sum of these numbers is the balance due for the statement. If this number is positive, BigCrumbs.com will pay the balance within 2 business days of the statement generation date. If this number is negative, then BigCrumbs.com will subtract this amount from future payments. Monthly statements indicating all transactional and payment information will be provided online through the BigCrumbs.com Account Manager. For example:
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You understand that the commission structure for BigCrumbs.com varies by merchant and in some cases by product, and product category for those merchants. BigCrumbs.com agrees to pay you the indicated percentage of the net purchase that it receives on each transaction traceable to your account. We reserve the right to withhold processing and payment for any large purchase(s), until such time as the purchase(s) can be verified. This withholding period shall not exceed ninety (90) days or until the retailer's return policy has expired, whichever is greater. This policy also applies to any purchases that we, at our sole discretion, suspect to be fraudulent for any reason.
9. CHANGE IN MEMBERSHIP TYPE. Members who join as CrumbEarnersSM may not change their membership to become CrumbSaversSM. However, members who join as CrumbSaversSM may change their memberships to CrumbEarnersSM one time, and may not revert back to CrumbSaversSM.
10. QUALIFICATIONS. To join BigCrumbs.com, you must be at least 18 years of age and you must be a resident of the U.S., U.K., Canada, Australia, or Ireland. Further, membership of any type is limited to one per individual or organization. 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. Violation of any part of these terms will result in immediate termination of your BigCrumbs.com account. Any monies that you have earned either via cash-back from your own shopping or referral commissions, will be forfeited. Further, BigCrumbs.com 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 BigCrumbs.com program and to the protection of participating members. As such, they shall be rigorously enforced.
11. APPROVAL. BigCrumbs.com 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 BigCrumbs.com website.
12. SPAM. BigCrumbs.com has a zero-tolerance policy with regard to SPAM (unsolicited e-mail or posting on third-party sites in violation of those sites' terms of service or spam policies). BigCrumbs.com does not endorse or support spam in the promotion of its services, and further believes such activity to be harmful to its reputation and business. Therefore, if we, in our sole discretion, determine that a member has willfully engaged in spamming, that member will be immediately terminated from the program, and will forfeit all rights granted by this agreement. Further, BigCrumbs.com may take legal action against the offending member.
13. 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 BigCrumbs.com or any of our featured retailers
- Any promotion that includes the logos or other owned marks of BigCrumbs or featured retailers
- Registering confusingly similar domain names or otherwise typo-squatting on the names of BigCrumbs.com or our featured retailers
- Falsely representing BigCrumbs.com's program terms or otherwise misleading people
- Any promotion that would reflect negatively on BigCrumbs.com or otherwise associate BigCrumbs.com with questionable moral themes
In addition, BigCrumbs.com 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
These are only guidelines and BigCrumbs.com reserves the right, in its sole judgement, to make exceptions and to decide which specific instances of promotion it will allow.
14. OUR RESPONSIBILITIES. We will provide you with links on the BigCrumbs.com website to the websites of our featured
retailers. These links may include "default" links to the retailers' home pages, links to specific products
on the retailers' websites, and special offers links to specific discount pages and other offer pages on the target
retailers' websites.
In the event that any of these links are followed to a featured retailer's website, and you make a qualifying purchase
during that same visit, you will receive cash-back in the amount specified by your membership type.
We will make every reasonable effort to accurately track and report in a timely fashion,
all purchases made through our website. However, you agree that you will not hold us liable for any technical failure, whether
ours, yours, our merchant partner's, or other involved parties. You also acknowledge that if you have disabled cookies,
JavaScript or other technologies used in tracking purchases, then it is technically infeasible for BigCrumbs.com
to track such purchases and credit your account.
IN NO WAY ARE FEATURED BIGCRUMBS.COM RETAILERS RESPONSIBLE FOR THE OPERATION OF THE BIGCRUMBS.COM PROGRAM, NOR ARE SAID RETAILERS OBLIGATED TO FURNISH PAYMENT TO BIGCRUMBS.COM MEMBERS. THIS AGREEMENT IS MADE ENTIRELY BETWEEN BIGCRUMBS.COM AND YOU, THE PARTICIPATING MEMBER.
15. LIMITIATIONS AND EXCEPTIONS. 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. BigCrumbs.com will make every effort to indicate when there are such exceptions, however, in no event shall BigCrumbs.com be obligated to pay either cash back or referral commissions for purchases that do no generate a marketing commission for BigCrumbs.com.
16. DISCLAIMER OF WARRANTIES. BigCrumbs.com 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. BIGCRUMBS.COM MAKES NO WARRANTY THAT OPERATION OF THE BIGCRUMBS.COM SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE AND BIGCRUMBS.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH BIGCRUMBS.COM'S FEATURED MERCHANTS' SITES OR ANY TRANSACTIONS ENTERED INTO BY WAY OF THE BIGCRUMBS.COM SITE. BIGCRUMBS.COM IS IN NO WAY INVOLVED WITH THE ORDER PROCESSING AND FULFILLMENT AT OUR FEATURED MERCHANTS' SITES.
17. LIMITATION OF LIABILITY. IN NO EVENT SHALL BIGCRUMBS.COM BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF DATA, OR EQUIPMENT DOWNTIME), EVEN IF BIGCRUMBS.COM KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BIGCRUMBS.COM'S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE CASH BACK AND REFERRAL COMMISSIONS EARNED BY YOU HEREUNDER.
18. TERM AND TERMINATION. This agreement will become active on the date that you open your account with BigCrumbs.com and may be terminated at any time by either party with or without cause by providing written notice to the other party. In the event that this agreement is terminated, you agree to remove all links and other promotional material related to BigCrumbs.com from any website that you may operate within two business days following the termination date. Further, BigCrumbs.com 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 BigCrumbs.com 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, the member forfeits all earnings on all transactions and BigCrumbs.com may terminate the member's account without further obligation to that member. IN NO EVENT SHALL YOU BE LIABLE FOR ANY AMOUNT EXCEEDING THE AGGREGATE AMOUNT THAT BIGCRUMBS.COM HAS PAID TO YOU, EXCEPT AS INDICATED IF YOU ARE FOUND TO BE IN BREACH OF THIS AGREEMENT.
19. MODIFICATIONS. BigCrumbs.com 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 BigCrumbs.com 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.
20. GENERAL PROVISIONS. You agree that BigCrumbs.com may use information regarding our relationship with you in our marketing and promotional efforts. This information includes payments made to you by BigCrumbs.com. We will not reveal your personal contact information and will only reference your 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. 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.
