1. Growers who receive a cheque from Syngenta Crop Protection Canada, Inc. (“Syngenta”) from the 2009 Partner Program™ are automatically registered for the Partner Program (“the Program”), for 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 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 Crop Protection Canada, Inc., 300 – 6700 Macleod Trail South, Calgary, AB, T2H 0L3 or by fax to 1-877-214-5405; or

(b) registering by telephone at 1-87-SYNGENTA (1-877-964-3682); or

(c) registering online at www.SyngentaFarm.ca

3. Deadline for registration in the Program is September 30, 2010.

4. Purchases of crop protection products must be through a licensed Phase III crop protection retailer or a certified commercial treater (canola seed treated with Helix^® or Helix Xtra^®excluded). No other invoices will be accepted.

5. All sales must be submitted and validated by AgCollect in order to qualify for any Program rebate payment.

6. Growers who plan on claiming together must identify partnerships with other permitted Growers, or the Grower’s company name(s), at the 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).

7. 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 and its partners in managing and developing our business and operations.

8. The Program applies only to eligible products purchased between November 1, 2009 and October 31, 2010.

9. 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 for a Program rebate is made. Failure to do so constitutes fraud, and renders the Program rebate null and void.

10. The Program reward calculation is based on invoiced price to a maximum of the suggested grower price as stated by Syngenta.

11. Any Program overpayment will be refunded to Syngenta by the Grower or will be deducted from future Program payments at the election and direction of Syngenta.

12. All cheques will be made out to the partnership or company name provided by the Grower at the time of registration.

13. Any reference to the products Achieve^® and Horizon^® include the entire Achieve and Horizon family of products (Achieve^® Liquid, Liquid Achieve^®, Horizon^® 240EC, Horizon^® NG, Horizon BTM^™ and Brigade^®).

14. The reward percentage is calculated based on meeting a minimum purchase of 320 acres of the Partner Program qualifying products (Avenge^®, Axial^®, Axial^® iPak™, Broadband™, Brigade^®, DuPont™ Harmony^® K, DuPont™ Harmony^®  SG, DuPont™ Harmony^®  C, Horizon^® 240EC, Horizon^® NG, Horizon BTM™, Shelter™ and Sierra^™). The reward ranges from 3% to 10% rebate of invoiced price. The reward is calculated based on how many dollars of Partner Program qualifying products (Actara^® 25WG, Actara^®240SC, Apron Maxx RTA^®, Allegro^®, Astound^®, Avenge^®, Axial^®, Axial^® iPak™, Bravo^®, Brigade™, Broadband™, Cruiser Maxx^® Cereals, Cruiser Maxx^® Beans, Cruiser Maxx^® Potatoes, Cruiser Maxx^® Pulses, Cruiser Maxx^® Sunflowers, Cruiser Extreme™ 250, Dividend XL RTA^®, Dual^® II Magnum^®, DuPont™ Harmony^® K, DuPont™ Harmony^®  SG, DuPont™ Harmony^®  C, Fulfill^®, Gramoxone^®, Horizon^® 240EC, Horizon^® NG, Horizon BTM™, Matador^®, Maxim^® PSP, Maxim^® MZ PSP, Mertect^®, Pace™, Pulsar™, Quadris^®, Quilt^®, Reflex^®, Reglone^®, Revus^®, Ridomil Gold^®, Ridomil Gold^® Bravo^®, Shelter™, Takkle™, Target^®, Tilt^®, Touchdown iQ^®, Touchdown Total^® and WR859 CL™) are purchased.  Liquid Achieve^®, Helix^®, Helix Xtra^® and Traxion™ are builder products, so purchases count towards Partner Program qualification however such purchases are ineligible for rebates. 

15. One bag of canola treated with either Helix^® or Helix Xtra^® will count as $75/bag on the Partner Program.

16. Pre-Seed Bonus:  Growers who purchase matching acres of Syngenta Seed Care™ products (Apron Maxx RTA^®, Cruiser Maxx^® Cereals, Cruiser Maxx^® Beans, Cruiser Maxx^® Pulses, Cruiser Maxx^® Sunflowers, Dividend XL RTA^® with matching acres of Pace™, Takkle™, Touchdown Total^® & / or Traxion™ will receive an additional $1/acre.  The acres/packaging units are listed below in the table.

17. Technology Bonus:  Growers who purchase matching acres of Astound with Axial, Axial iPak, Broadband &/or Sierra alone or in combination will receive an additional $2/acre rebate.

18. In order to qualify for the Pre-Seed and Technology Bonus, Growers must purchase a minimum of 320 acres of qualifying graminicide products (see #14), and a minimum of $10,000 in qualifying and builder products.

19. Syngenta will determine the maximum Program reward for the Grower. 

20. No Program rebates under $200.00 will be issued by Syngenta to the Grower.

21. Any claims for discrepancies in Program rewards payment must be received by Syngenta by March 15, 2011.

22. 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 British Columbia , Alberta , Saskatchewan and Manitoba .

23. 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.

24. 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.

25. 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.

26. Syngenta reserves the right to change the Rules and Regulations of the Program without prior notice.

27. 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 Alberta Arbitration Act in the Province of Alberta, 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 Court of Queen’s Bench of Alberta), and (ii) that the cost of the arbitrator and the arbitration will be born 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.

28. The terms of the Program as set out in the Rules and Regulations constitute the entire understanding between the parties and supercedes 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 Syngenta Customer Resource Centre at 1-87-SYNGENTA (1-877-964-3682) or visit our website at www.SyngentaFarm.ca

Always read and follow label directions

Achieve^®, Actara^®, Allegro^®, Apron Maxx RTA^®, Astound^®, Axial^®, Avenge^®, Bravo^®, Broadband™, Brigade^®, Cruiser Extreme^®, Cruiser Maxx^®, Dividend XL RTA^®, Dual^® II Magnum^®, Fulfill^®, Gramoxone^®, Helix^®, Helix Xtra^®, Horizon^®, Horizon BTM™, Matador^®, Maxim^®, Mertect^®, Quadris^®, Pace™, Partner Program™, Pulsar™, Quadris^®, Quilt^®, Reglone^®, Reflex^®, Revus^®, Ridomil Gold^®, Shelter™, Sierra™, Takkle™, Target^®, Tilt^®, Touchdown Total^®, Traxion™, WR859 CL™ and the Syngenta word mark are trademarks of a Syngenta Group Company.  Avenge^® is a trademark of Amvac Chemical Corporation. iPak™ is a trademark of Bayer.  DuPont™ and Harmony^® are trademarks or registered trademarks of E. I. du Pont de Nemours and Company. © 2010 Syngenta Crop Protection Canada, Inc.

© 2010 Syngenta Crop Protection Canada, Inc.