Ewing Advantage Resource Network (EARN)
TERMS AND GENERAL CONDITIONS

1. The Ewing Advantage Resource Network ("EARN") is a purchase incentive program available to loyal customers of Ewing Irrigation Products, Inc. ("Ewing"), offering benefits geared toward enhancing customers' business development.
2. Participation in EARN is subject to the Terms and Conditions set forth by Ewing. Failure to abide by program terms and conditions, abuse of EARN privileges, conduct detrimental to the interests of Ewing, or any misrepresentation may result in the termination of EARN participation.
3. Ewing reserves the right to cancel, extend, modify or terminate EARN without notice at any time and for any or no reason, including, without limitation, changing the terms and conditions, benefits or conditions of participation. Ewing has sole authority to determine customer’s eligibility to participate in EARN.
4. Eligibility is limited to Ewing customers engaged in the business of professional landscape and/or irrigation services headquartered in the United States. For the purposes of these terms and conditions, the term "EARN Participant" shall mean and include a corporation, partnership, limited liability company, limited liability partnership, or sole proprietorship that is a qualified EARN Participant.
5. EARN Participants' receivables accounts must be in good standing with Ewing's Credit Department to take advantage of any of the benefits and features of EARN. Ewing may, at its sole discretion terminate an EARN Participant's enrollment and participation in EARN if its Ewing receivable account is past due over ninety (90) days.
6. Ewing is not liable for correspondence or requests for information that are delayed, lost or stolen in the mail.
7. All decisions regarding the administration of the EARN Program shall be made solely by Ewing and shall be conclusive, final and binding. Ewing shall resolve any interpretations, disputes or questions regarding the administration or management of EARN.
8. Ewing is not liable for errors or omissions by its employees or agents in the printing of EARN brochures or related materials, and is not liable for errors or omissions by its employees or agents in interpreting, misinterpreting or implementing the terms and conditions of EARN.
9. All EARN Participants hold Ewing and its respective parent companies, subsidiaries, affiliates, directors, officers, employees, agents, any of its respective partners or prize suppliers harmless for, from and against, any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, demands, claims whether legal or administrative in nature, tax liability, expense, non-performance, misperformance, accident or injury of any nature whatsoever incurred (including an award of attorneys' fees) in the course of an award recipient's use (or misuse) of any EARN benefits. All EARN Participants assume total responsibility and risk for use of the EARN website and any third-party site accessed through this site. EARN Participants' sole remedy for dissatisfaction with this site or any products and services offered through this site or any third party site is to stop using the EARN Program, its website or such products or services offered by participating EARN companies. Ewing may, at its discretion, request that the award recipient sign an additional release of liability form prior to utilizing an EARN award or benefit.
10. Certain restrictions may apply to EARN awards and benefits. Awards must be used in accordance with the terms and conditions specified by the business partner(s) issuing the EARN award(s), or with applicable federal or state law.
11. Ewing is not affiliated with any business partners offering any of the EARN awards, benefits or services. Ewing neither endorses nor guarantees or warrants the performance of satisfactory any product or service offered by a participating EARN company.
12. All EARN Participants agree to allow their name and likeness to be used in public relations and promotional materials related to Ewing, except where prohibited by law. Ewing may, at its discretion, request that an EARN Participant sign an additional release of name and likeness liability form.
13. Ewing, its respective parent companies, subsidiaries, affiliates, directors, officers, employees, agents, any of its respective partners, prize suppliers and any of members of Ewing's employees' immediate family (defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) or members of the same household of each are not eligible to participate in EARN.
14. All materials incorporated in or accessible through the EARN website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the EARN site), are protected by United States and International copyright laws, and are owned or controlled by Ewing, (together with its subsidiaries and affiliates, and EARN) or by the original creators of such materials or their respective assignees. Such materials may be used as a resource for purchasing the products offered through the EARN website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of Ewing, EARN, or other intellectual property owner is strictly prohibited. In the event of any permitted use of such materials, including, without limitation, any copying, reproduction, distribution, republication, downloading, or display thereof, EARN. Participants may not make any changes or deletions of author attribution, trademark legend or copyright notice. No right, title, or interest in any such materials will be granted or transferred as a result of any permitted use of such materials.
15. "Ewing Irrigation Products, Inc.", and "EARN" are intellectual property of Ewing. All other graphics, logos, trade names, and service names incorporated in this website may be registered trademarks or service marks of their respective owners, and protected by United States and International copyright, trademark or service mark laws. None of the intellectual property, copyrights, trademarks or service marks may be used in connection with any product or service that is not Ewing's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EARN or Ewing.
16. All comments, reviews, messages, ideas, suggestion or any and all other communications (collectively "Comments") sent to EARN or Ewing shall be and remain the exclusive property of EARN or Ewing. EARN Participants' submission of any such Comments shall constitute an assignment to EARN or Ewing of all worldwide rights, titles and interests in and to all copyrights, trademarks or service marks and other intellectual property rights in the Comments. EARN or Ewing may use, reproduce, disclose, publish and distribute any material submitted for any purpose, without restriction and without compensating the EARN participant in any way. EARN or Ewing may, but is not obligated to, restrict or remove any and all content from a message. EARN Participants have no expectation of privacy with regard to any submitted content.
17. All disclaimers, terms and conditions, contained herein are governed by, and construed and enforced in accordance with the laws of the State of Arizona. In any action relating to access or use of this site or any third-party site accessed through this site, the prevailing party will be entitled to recover its cost and reasonable attorney’s fees.
18. These disclaimers, terms and conditions constitute the entire agreement among Ewing, EARN, EARN Participants and EARN's business partners with respect to access to and use of this site and any third-party site accessed through this site. If any term or other provision hereof is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable in whole or in part by reason of any applicable law or public policy, and such determination becomes final and non-appealable, such term or other provision will remain in full force and effect to the fullest extent permitted by law, and all other terms and provisions hereof will remain in full force and effect in their entirety.
19. Ewing and EARN reserve the right to make changes to the EARN website and these disclaimers, terms, and conditions at any time without prior notice.
20. All correspondence related to EARN should be addressed to:

    Ewing Irrigation Products, Inc.
    3441 E. Harbour Drive
    Phoenix, Arizona 85034
    Attn: Douglas York, President; or Richard York, Vice President.
    www.ewing1.com