Professional_S_R: Point Redemption

Partners Program Terms and Conditions

1. The John Deere Landscapes Partners Program (the “Program”) is a customer benefit program available to professional landscape, irrigation and lawn care maintenance companies.

2. Participation in the Program is subject to the Terms and Conditions set forth by John Deere Landscapes. Failure to abide by Program Terms and Conditions; abuse of Program privileges; conduct detrimental to the interests of John Deere Landscapes; or any misrepresentation may result in the termination of Program participation and forfeiture of accumulated points.

3. John Deere Landscapes reserves the right to cancel, modify or terminate the Program without notice at any time and for any or no reason. Further, while maintaining the Program price for the full Program year is always our number one goal, situations may require an in-season price increase, i.e. manufacturer price increases. John Deere Landscapes does reserve the right to increase prices at any time.

4. Eligibility is limited to professional landscape and/or irrigation, lawn care, maintenance and pest management companies headquartered in the United States and Canada. For the purposes of these Terms and Conditions, the term “Program member” shall mean and include a corporation, partnership, limited liability company or sole proprietorship that is also a qualified Partners Program member.

5. Only one Program points account shall be maintained per Program member company and points are not transferable between individual Program member companies.

6. In order to qualify for the Winter Business Meetings, participants will need to meet the specific point requirements to attend each event. Points cannot be purchased.

7. Program member accounts must be in good standing to take advantage of any of the benefits and features of the Program, including point redemption for trips, merchandise, training, business services or member discount programs. John Deere Landscapes, at its sole discretion, may terminate a Program member’s participation in the Program and forfeit that Program member’s points and benefits if there is a past due balance over ninety (90) days.

8. If Program members are past due over sixty (60) days, John Deere Landscapes, at its discretion, has the option of drawing upon the Program member’s accrued points and converting them to credit to be applied against the member’s outstanding balance of service charges and/or balance due. Points redeemed for this balance repayment will only be those points earned through paid invoices.

9. John Deere Landscapes has sole authority in determining any company’s eligibility to participate in the Program or to receive any Program award.

10. The Program will run for two years, beginning on January 1, 2009 and ending on December 31, 2010. Program participants will have ninety (90) days to redeem points after the termination date if they meet all the Terms and Conditions. John Deere Landscapes may extend the Program at their sole discretion.

Earning Points
11. Program participants earn points by purchasing nursery products, landscape, lighting or irrigation supplies, or on professional turf care products at any John Deere Landscapes location or on delivered purchases.

12. On or after January 1, 2009, forty (40) points will be posted to a Program member’s points account for every $100 in purchases on non-special point-valued purchases and after remittance is made on qualifying invoices for those purchases. No fractional points will be awarded.

13. John Deere Landscapes may award special point values to certain products or services which will not be eligible under the 40 points per $100. On any product that has pricing other than the Program price, points will accumulate at 40 points per $100.

14. Points will be deducted from a Program member’s points account for returned items.

Expiration of Points
15. If Bronze level purchase minimums are not met by December 31 in each Program year, points will be forfeited. Points are valid until ninety (90) days after the date of termination of the Program. If the points are not used before expiration, they may be exchanged for credit on account or forfeited at the discretion of John Deere Landscapes.

Award Redemption
16. To claim an award, a Program member’s John Deere Landscapes account must be current. A Program member can claim an award at any time between March 31, 2009 and ninety (90) days after the date of termination of the Program. To claim an award, the Program member must reach Bronze level minimum purchases of $25,000.

17. Any and all fees and tax liabilities arising from the Program are the sole responsibility of the participating Program member.

Other Conditions
18. John Deere Landscapes is not liable for correspondence or requests that are delayed, lost or stolen in the mail.

19. All Program member point account totals will be issued on statements of the Program member’s company and delivered only to the company address on file. Each Program member shall be responsible for advising John Deere Landscapes of any contact person or address changes relating to its account.

20. Program members may not transfer, combine or barter points. Points have no cash value and are non-transferable. Additional points cannot be purchased.

21. Decisions shall be made solely by John Deere Landscapes and shall be conclusive, final and binding, and shall resolve any interpretations, disputes or questions regarding the Program. John Deere Landscapes has the right to terminate the Program or to change the Program in any manner, in whole or in part, including, without limitation, changing the Terms and Conditions, benefits, conditions of participation, number of points required to obtain any award or award levels, at any time, without notice, even though changes may affect the value of points already accumulated. If the Program is terminated, participants will have ninety (90) days from the discontinued date to redeem all points earned, after which all points will be forfeited.

22. John Deere Landscapes is not liable for errors or omissions by its employees or agents in the printing of the Program brochure or related materials.

23. John Deere Landscapes is not liable for errors or omissions by its employees or agents in interpreting, misinterpreting or in carrying out the Terms of the Program.

24. John Deere Landscapes is not liable whatsoever for any loss, damage, tax liability, expense, non-performance, mis-performance, accident or injury of any nature whatsoever incurred in the course of an award recipient’s use of any award received through the Program. John Deere Landscapes, at its discretion, may request that the award recipient sign an additional release of liability form prior to delivery of an award.

25. Certain restrictions apply to awards. Awards must be used in accordance with the Terms and Conditions specified on the awards certificate(s) participants receive.

26. John Deere Landscapes is not affiliated with the suppliers of any of the awards offered under this Program. John Deere Landscapes neither endorses nor guarantees any product or service offered by an awards supplier.

27. All point recipients agree to allow their name and likeness to be used in public relations and promotional materials related to John Deere Landscapes, except where prohibited by law.

28. IN NO EVENT SHALL JOHN DEERE LANDSCAPES, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO PROGRAM MEMBERS (INCLUDING THEIR OFFICERS, DIRECTORS, AND EMPLOYEES) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS.

29. If there is any dispute about or involving the Program, the dispute shall be governed by the laws of the State of Georgia, USA, without regard to conflict of law provisions. In addition, the Program member agrees to exclusive personal jurisdiction and venue in the state and federal courts located in the State of Georgia, City of Atlanta.