I have a horrible feeling this will be something relating a bit deeper to OpenGL and the nVidia drivers themselves and a fix might be some way off.
Going to get in contact with Bethesda to see about a refund, could always buy it later down the line IF it gets fixed.
You'll need to contact your point of purchase for a refund, not Bethesda.
That being said, this particular error is not uncommon and pops up here and there with many programs & driver combinations. Brink being a major title from a major publisher, I'm sure a fix from NVIDIA will be quick if it is indeed something that needs correcting on their end. The big titles almost always get hotfix attention in that manner. Frequent crashing on what is probably the single most common series of GPUs right now isn't going to linger too long.
Not trying to talk you out of seeking a refund if that's what you want to do, just saying there is every reason to expect this to be corrected eminently.