Well the origin of the term came because when Indians gave a gift they expected something equivalent in return or their gift back, i.e. it was bartering rather

Well the origin of the term came because when Indians gave a gift they expected something equivalent in return or their gift back, i.e. it was bartering rather than gifting (OK, the source is Wikipedia so this is probably specious). So Pincus is genuinely an Indian giver if the options are only being clawed back from people who underperformed. Of course there would be documentation predating the clawback threat which identifies such underperformance.