PROGRAM RULES & GUIDELINES
This document describes the rules, terms and conditions applicable to your use of the Program. If you do not agree to be bound by these rules, do not participate in the Pfister Partner Connection Program.
You must read, agree with and accept all of the provisions contained in these terms and conditions and those incorporated by reference, before you may use the Program. We strongly recommend that, as you read these terms and conditions, you also access and read the information contained in other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you.
A. Overview of Pfister Partner Connection Points
1. Pfister Partner Connection Points™ Program is a loyalty program sponsored by Pfister Hybrid Corn Company through which Pfister Hybrid customers can earn Partner Connection Points by engaging in certain activities designated by Pfister Hybrid Corn Company.
2. Pfister Hybrid customers will be permitted to convert Partner Connection Points for rewards in the three Connection levels.
Participation in the Program
3. The Program is open only to individuals who are actively farming U.S. corn acres and purchase a minimum of 60 net units per year from Pfister Hybrids. If you do not qualify, please do not participate. The Program is open only to individuals who are eighteen (18) years of age or older.
4. To participate in the Program, customers must complete the Enrollment Form found on the Pfister Hybrid website or in your Partner Connection Program Folder. Once a customer enrolls, that individual becomes a program member. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. The Program is void where prohibited or restricted by law.
5. Participation in the Program constitutes each member's full and unconditional agreement to these terms and conditions. Participation in the Program is contingent upon the member's compliance with these terms and conditions. Members who do not comply with these terms and conditions may be prohibited from participating in the Program.
6. The personal information collected from you in connection with the Program will be used in accordance with the privacy policy for the Pfister Hybrid Corn Company.
7. Pfister Hybrid Corn Company will not be liable or responsible in any manner for any tax consequences that may result from a member's participation in the Program. Each member is solely responsible for the payment of all taxes payable and benefits acquired as a result of such member's participation in the Program and earning, conversion, holding and/or use of Partner Connection Points and for all applicable filing and reporting obligations. Members should consult with their tax advisors regarding the accumulation, conversion and use of Partner Connection Points.
B. Modification and Termination of the Program
1. Pfister Hybrid Corn Company may modify any of the terms and conditions governing the Program--including, but not limited to, the methods through which Partner Connection Points can be earned, how Partner Connection Points can be used, the value of Partner Connection Points, and the conditions under which Partner Connection Points may be forfeited--at any time, with or without notice, even though these changes may affect a member's ability to use the Partner Connection Points that he/she has already earned.
2. The Program has no predetermined termination date and may continue until such time as Pfister Hybrid Corn Company decides to terminate the Program. Pfister Hybrid Corn Company may terminate the Program at any time, with notice via email to the member's email address currently on file with Pfister Hybrid Corn Company for their Partner Connection account. Members will have six (6) months from the date Program termination is announced to use Partner Connection Points. Partner Connection Points that are remaining in a member's account at time of termination will be forfeited and no compensation will be provided.
3. A member's continued participation in the Program constitutes the member's acceptance of any changes to these terms and conditions. Members are responsible for remaining knowledgeable as to any changes that Pfister Hybrid Corn Company may make to these terms and conditions. The most current version of these terms and conditions will be available on the website and will supersede all previous versions of these terms and conditions.
C. Earning and Converting Partner Connection Points
1. Members can earn Partner Connection Points by engaging in certain activities designated by Pfister Hybrid Corn Company. Visit www.pfisterhybrid.com and click on the Partner Connection logo for complete program details. Partner Connection Points earned by a member will be deposited in that member's account.
2. Members can contact their District Sales Manager and/or members will receive a confirmation message by email once a conversion has been completed. Once a conversion has been completed, it may not be reversed.
D. Using Partner Connection Points
1. Partner Connection Points have no cash value and are not redeemable for cash program points. The only items offered are through the Pfister Hybrid Corn Company Partner Connection Program. Partner Connection Points may not be used to purchase items outside the program reward stated.
2. Members can use Partner Connection Points to redeem selected items found in the Program Rewards & Redemption Brochure and within the Pfister Hybrid Corn Company website.
3. If the number of Partner Connection Points in a member's account is not sufficient to complete a transaction, the member will be required to retain his points and additional activity will be required to gain points for a transaction.
E. General Terms and Conditions
1. ACCRUED Partner Connection Points DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. Partner Connection Points ARE CREDITS THAT Pfister Hybrid Corn Company MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. Partner Connection Points MAY NOT BE EXCHANGED FOR CASH, ASSIGNED, BARTERED, OR TRANSFERRED, EXCEPT AS SET FORTH HEREIN, AND ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER, OR OTHERWISE BY OPERATION OF LAW.
2. Each member is responsible for ensuring that the information in his/her account is accurate and is kept current. If a member believes that his/her account does not properly reflect Partner Connection Points earned from engaging in an activity, the member must contact Pfister Hybrid Corn Company to resolve the issue. If a member believes that Partner Connection Points were not properly converted into points, the Member must notify Customer Service within seven (7) days of the day the member earned the Partner Connection Points.
3. Pfister Hybrid Corn Company reserves the right to discontinue the membership of any member who uses the Program in a manner inconsistent with these terms and conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines, or ordinances. Discontinued membership may result in the loss of all earned Partner Connection Points, benefits, and privileges. In addition to discontinuance of Program membership, Pfister Hybrid Corn Company shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
4. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Pfister Hybrid Corn Company reserves the right to seek damages from any such person to the fullest extent permitted by law. Pfister Hybrid Corn Company's failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.
5. All questions or disputes regarding an individual's eligibility for the Program, the earning, use, or conversion of Partner Connection Points, or a member's compliance with these terms and conditions will be resolved by Pfister Hybrid Corn Company at its sole discretion.
F. Limitation of Liability
1. By participating in the Program, member acknowledges that technical processing and transmission of information on the website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Pfister Hybrid Corn Company is not responsible for: (a) incorrect or inaccurate transcription of information; (b) problems related to any of the equipment or programming associated with the Program or utilized by the member; (c) any human error or printing error; (d) any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission; (e) problems relating to computer equipment, software, inability to access the website or online service; (f) any other technical or non-technical error or malfunction; or (g) fraud or unauthorized use of member's account.
2. By participating in the Program, each member accepts all responsibility for, and hereby indemnifies and holds harmless Pfister Hybrid Corn Company and each such company's respective officers, directors, employees, shareholders, agents, and successors, and assigns (the "Released Parties"), from and against any claims that may arise from actions taken by such member or for any unauthorized access to member's account by any third party.
3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT Pfister Hybrid Corn Company HAS IMPROPERLY DENIED THAT MEMBER ANY Partner Connection Points, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF Partner Connection Points. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER Illinois CIVIL CODE WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT."
4. Notwithstanding any other provision of these terms and conditions, in the event there is a direct conflict between these terms and conditions and either the particular Pfister Hybrid Corn Company Customer Agreement that pertains to you or the Pfister Hybrid Corn Company Customer Agreement concerning any aspect of your participation in the Program, these terms and conditions will control and prevail, including but not limited to those terms and conditions dealing with limitation of liability, arbitration, governing law and jurisdiction.
5. Legal Disputes. Members agree that any controversy or claim at law or equity that arises out of or relates to the Program ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties.
Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, members or Pfister Hybrid Corn Company may elect to resolve the dispute through binding arbitration conducted by telephone, online, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternative Dispute Resolution. Pfister Hybrid Corn Company will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Woodford County, Illinois, or another location mutually agreed upon by the parties.
G. Redemption Guidelines
1. Members can use Partner Connection Points to redeem selected items found in the Program Rewards & Redemption Brochure and within the Pfister Hybrid Corn Company website. In addition, they may contact Irene Moritz at 1-888-647-3478 or email: imoritz@pfisterhybrid.com.
2. The equivalent point balance is deducted accordingly for each reward redeemed. If the number of Partner Connection Points in a member's account is not sufficient to complete a transaction, the member will retain his points and additional activity will be needed to gain sufficient points for a transaction.
3. Members can choose to continue adding points from season to season to earn a reward or service of greater value. Partner Connection Points do not expire and are valid and redeemable for the lifetime of the program.
4. Rewards may be redeemed any time during the calendar year. More than 1 reward or benefit can be redeemed at one time, as long as the total redemption points do not exceed your accrued points balance.
5. Please allow 4 to 6 weeks for delivery of requested reward items. Large equipment or special orders may require longer delivery times.
