1. Growers who receive a cheque from Syngenta Crop Protection
Canada, Inc. “Syngenta” from any of the 2010 Grower Reward
offer(s) or register for the Partner Program™ are automatically registered
for the 2011 Partner Program (“the Program”) and all other Syngenta
Grower Reward programs which registration shall remain effective
for all subsequent years unless Syngenta receives written notification
from the Grower stating that they do not wish to participate in the
Partner Program or any other Syngenta Grower Reward programs in
any subsequent years.
2. If not already pre-registered, Growers may register for participation in
the Program in one of the following ways:
(a) completing and submitting a “Syngenta Partner Program
Registration Form” by mail to: Syngenta Partner Program, Suite
300, 6700 Macleod Trail South, Calgary AB T2H 0L3; or
(b) faxing the registration form to 1-877-214-5405.
3. Deadline for registration in the Program is September 30, 2011
4. Purchases of crop protection products must be through a licensed
Phase III crop protection retailer (seed treatments excluded). No other
invoices will be accepted.
5. Growers who plan on claiming together must identify partnerships
with other permitted Growers, or the Grower’s company name(s),
at time of registration for the Program. Only purchases used for the
Grower’s own farming operation* will qualify for the Program. Buying
groups will not be accepted. (*Product sold to a farming operation
that owns, leases or provides local custom-farming services will qualify
for program rebates).
6. The information the Grower has provided, or in the alternative, the
Grower has authorized their Retailer(s) to provide, will be used to
verify the Grower’s Program rebate. By registering for the Program,
the Grower consents to the collection, use and disclosure of their
transactional sales data by Syngenta, its affiliates, partners, retailers,
sponsors, market research firms, employees, contractors, processors
and agents, for the following purposes:
(a) to assist Syngenta and its partners in establishing and maintaining
good customer relations;
(b) to assist Syngenta and its partners to better understand customer
needs and preferences;
(c) to assist Syngenta and its partners in developing, enhancing,
marketing and distributing products and services; and
(d) to assist Syngenta in managing and developing our business
and operations.
7. The Program applies only to products purchased between November
1, 2010 and October 31, 2011.
8. The Program does not apply to any products returned for any reason
whatsoever or for products purchased for resale. The Grower has
the responsibility to advise Syngenta if they return products after the
claim is made. Failure to do so constitutes fraud, and renders the
Program rebate null and void.
9. All cheques will be made out to the partnership or company
name provided.
10. All sales must be submitted and validated through Ag-Collect
11. Growers can begin collecting Program points again once they have
accumulated more than 10,000 points.
12. There is a limit of one Program claim per Grower, address or farm
unit. The Program is limited to agricultural uses by commercially active
Growers in Ontario, Quebec, New Brunswick, Nova Scotia and Prince
Edward Island.
13. To be eligible for the Partner Program Plus 1 experience, a grower
must accumulate greater than 100 000 points in the offer year from
points received on purchases from a Syngenta Crop Protection Canada, Inc. Points
received from any company or product other than Syngenta Crop Protection Canada, Inc. will not count toward the Partner Program Plus 1 experience.
14. Any claims for discrepancies in payment must be received by Syngenta
by February 28, 2012. Any overpayment of funds paid by Syngenta
will be refunded to Syngenta, or deducted from future Program
payments at the election and direction of Syngenta.
15. Syngenta shall, in its sole discretion, determine the amount of
any payment(s) which may be payable in respect of the Grower’s
Program rebate. Syngenta shall not have any obligation to make any
payment(s) in respect of the Grower’s Program rebate until such time
as Syngenta has been provided with all of the information that it
requires from both the Retailers and/or other parties in order to
satisfy itself as to the amount of the payment that should be made
to the Grower.
16. Any Grower participating in the Program does so at the Grower’s
own risk. The Grower waives any claim against Syngenta for loss of
profit, loss of revenue, loss of use of the goods or any associated
equipment, loss of capital, down time costs, special, incidental,
direct, indirect, consequential, punitive or exemplary damages or penalties of
any kind, howsoever calculated or classified, arising from the Grower’s
participation in the Program.
17. The Grower may not assign any or all of its interest, or rights to
participate, in the Program to any other party without the prior
written consent of Syngenta.
18. Syngenta reserves the right to change the rules and regulations of the
Program without prior notice.
19. Syngenta and the Grower agree that any dispute between them
regarding the rights or interest of the Grower arising from the
Program will be settled in the following manner:
(a) The Grower and Syngenta shall initially meet and endeavour to
resolve the subject matter of the dispute amongst themselves;
(b) If the Grower and Syngenta are unable to resolve their differences
in the above fashion, they shall retain a mutually agreeable
mediator, who shall meet with them in an effort to resolve the
dispute. Syngenta shall pay for any costs involved in retaining the
services of the mediator;
(c) If the Grower and Syngenta are unable to agree upon a mutually
agreeable mediator, or if the mediation is unsuccessful, the
dispute shall be conclusively settled by submission to arbitration
in accordance with the rules of arbitration under the Ontario
Arbitration Act in the Province of Ontario, subject to the
agreement that:
(i) the arbitration will be conducted before a mutually agreeable
single arbitrator (or failing agreement, by an arbitrator
appointed by a Justice of the Superior Court of Ontario), and
(ii) that the cost of the arbitrator and the arbitration will be borne
equally by the parties;
(d) Any claim the Grower wishes to make against Syngenta arising
from the Grower’s participation in the Program, or any request
by the Grower for resolution of a dispute arising between the
Grower and Syngenta by virtue of the Grower’s participation in the
Program, must be made in writing to Syngenta by no later than 60
days after receipt of the Program rebate. If a claim, or a request for
dispute resolution, has not been made by that time, the Grower
shall have no further rights to make any such claim or request.
20. The terms of the Program as set out in the Rules and Regulations
constitute the entire understanding between the parties and
supersedes any and all prior agreements, understandings,
representations or arrangements, whether oral or written, between
the parties relating to the Program. No agent, employee or
representative of Syngenta, or other person, is authorized to offer or
make any other warranties, guarantees, conditions or representations
with respect to the Grower’s participation in the Program, other than
as set out in the Rules and Regulations. No amendment, change,
modification or alteration of the Rules and Regulations for the
Program shall be binding upon Syngenta unless made in writing and
expressly agreed to in writing by Syngenta.
For further information, please contact the Customer Resource Centre
at 1-87-SYNGENTA (1-877-964-3682) or visit our website
at www.syngenta.ca
Syngenta reserves the right to change the Rules and Regulations of the
Partner Program without prior notice.
Always read and follow label directions.
Partner Program™ and the Syngenta logo are trademarks of a Syngenta Group Company.
© 2010 Syngenta Crop Protection Canada, Inc..
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