This Contract has entered into force reciprocally between "Reklam Agaci"—Karaca Group Informatics Ind. Tra. Ltd. Comp. and the "Advertiser" by being signed at the time of electronically approval of the contract.
"Reklam Agaci": Karaca Group Informatics Ind. Tra. Ltd. Comp.
"Reklam Agaci User" The person/company who enrolls in ReklamAgaci.com
"Advertiser": "Reklam Agaci User" who purchases ads from "Reklam Agaci"
"Advertisement Publisher": "Reklam Agaci User" who publishes the advertisements that "Reklam Agaci" manages.
B- SMART FRUITS PROGRAM
"Smart Fruits" program developed and managed by "Reklam Agaci" includes advertisement contents of the advertisement publishers provided by "Advertiser", their publication on the web site which belongs to themselves and which they inform to the "Reklam Agaci" under the control of "Reklam Agaci" and their desiring to earn price detected in the systematic framework determined by "Reklam Agaci" in the direction of the advertisements that they publish on their site.. Smart Fruits Program contains the "Advertiser’s" right of purchasing advertisement as much as how much he/she pays to the "Reklam Agaci" by money order, online credit card or PayPal through the prices that "Reklam Agaci" rated. Smart Fruits Program is performed in the direction of the provisions of this contract thorough reciprocal corporation and the management of "Reklam Agaci"
C- SUBJECT OF THE CONRACT
This contract is related with determining the scope of Smart Fruits Program which has been developed and managed by "Reklam Agaci" and determining reciprocal rights and responsibilities of "Reklam Agaci" and "Advertiser" in the context of Smart Fruits Program.
D- RIGHTS AND RESPONSIBILITIES OF ADVERTISER
a. "Advertiser" accepts and declares that the advertisement materials to be published should comply with the rules that the Reklam Agaci established and that "Reklam Agaci" has the right to control and decide whether the advertisement materials which are sent to be published.
If the advertisement materials that are sent are included in one of the following criteria listed, the campaign will not be taken into publishing.
- Adult content
- The medicines that are sold with prescription only
- Gambling, terror and wager
- Tobacco products and cigarette
- Alcohol products
- Any kind of addictives
- Improper Language (swear, disdain, etc)
- The content that blackens the rivals and that might cause unjust competition
- Any kind of product, action, information, document, and etc. that are not legally accepted.
b. The "Advertiser" guarantees not to attempt to affect regular operation of any kind of action in the scope of Smart Fruits or the System of Smart Fruits Program of Reklam Agaci and not to use any kind of software or device that will breakdown or prevent the system’s operation.
c. The Advertiser admits and declares to make the payment in cash before the campaign goes into publication and to follow his/her payment from the member account in the system.
d. The Advertiser admits and declares not to be included in any kind of action that will bring Smart Fruits Program to a halt.
e. During the period that s/he takes part in the Smart Fruits Program as an "Reklam Agaci User", the "Advertiser" admits and declares that the member information which belongs to himself/herself is true and that he/she will update this information immediately after this information changes and that he himself will be responsible for the loss which might arise out of the fact that the personal information is missing or incorrect in the Reklam Agaci User account in the site.
f. The "Advertiser" accepts and declares that s/he will not hand over or alienate some or all of the liabilities arising out of this contract and some or all of the rights and receivables due to this contract and in case of violating any of these liabilities that the contract can be abolished unilaterally by "Reklam Agaci" without any objection by the advertiser and with the condition that indemnity rights are kept secret and that s/he will compensate for any kind of loss that "Reklam Agaci" might be exposed to.
Smart Fruits Program, Operation for the "Advertiser":
The "Advertiser" becomes a member from the site ReklamAgaci.com in order to be included in Smart Fruits Program. After declaring the settings of advertisement campaign the s/he wish to continue from his/her panel, the "Advertiser" presents the advertisement that s/he wants to publish to the approval of "Reklam Agaci". "Advertiser" can pay the price of the advertisement campaign that s/he has created thorough credit card or by making money order to the bank accounts that "Reklam Agaci" specifies or with PayPal system. After executing the payment, the advertisement campaign enters into effect with the specifications that the "Advertiser" requested in at least one workday.
E- LIABILITIES OF Reklam Agaci
In the frame of Smart Fruits Program, the system ensures for the "Advertiser" to publish advertisement for acceptable prices by guarantying its continuity.
F- IMMETARIAL RIGHTS
In the context Smart Fruits Program, in addition to the codes and designs that are provided by "Reklam Agaci" to "Advertising Publisher" and being not limited to these, any kind of immaterial right belongs to "Reklam Agaci" or the "Advertiser". In the direction of the provisions of the contract, "Reklam Agaci" and the "Advertiser" gives the authorization to the "Advertising Publisher" to use its works, services and information that are subject to copy rights in order for the "Advertising Publisher" to realize its responsibilities on condition that it is limited to Smart Fruits program of "Reklam Agaci.
As long as it is not permitted by the "Reklam Agaci", "Advertising Publisher" cannot duplicate, distribute or make and prepare works derived from these that are subject to copyrights of "Reklam Agaci" or the "Advertiser".
Except for the exceptions that are stated above, "Reklam Agaci" keeps all its rights secret for its works that are subject to copyrights, its commercial and service brands, commercial view belonging to services, site, advertisements and announcements of the "Reklam Agaci" or other assets and information that it provides through its site and use of these is subject to its written permission.
"Advertiser" will pay the price of the advertisement campaign that s/he will perform thorough online payment module via credit card or by making money order to the bank accounts that "Reklam Agaci" specifies or with PayPal system.
H- VALIDATION OF Reklam Agaci RECORDS
"Reklam Agaci User" admits and declares that s/he accepts the validation of Reklam Agaci’s records beforehand and in case of any kind of collusion, computer and sound records, and microfilm and microfiches together with any kind of record, document and books of "Reklam Agaci" will constitute only and certain proof and they will be binding and also admits that this is evidential contract in the scope of H.U.M.K 287th provision.
In case of violation of any of the provisions in this contract by "Reklam Agaci User", in addition to the fact that "Reklam Agaci" can remove Reklam Agaci User" from Smart Fruits Program temporarily, if it wants it has the right to immediately abolish the contract unilaterally without giving any time limitation. In this case, "Reklam Agaci" can demand all the losses arising out of the abolition of the contract.
In case of the fact that "Reklam Agaci User" caused "Reklam Agaci" to abolish by violating the conditions of the contract, "Reklam Agaci User" declares and accepts that s/he renounces all the payments on the date of the abolition in favor of "Reklam Agaci".
J- ENTRY INTO FORCE AND DURATION OF THE CONTRACT
This contract enters into effect on the date determined in the 1st provision when "Reklam Agaci User" becomes a member of "Reklam Agaci", and show continuity unless it is abolished in the form of making declaration as stated in the K provision of the contract.
K- CORRESPONDENCE ADDRESS AND NOTIFICATIONS
"Reklam Agaci User" admits and declares that the notification that will be made to the e-mail address that s/he stated during the registration to the Smart Fruits Program of "Reklam Agaci" will bear all the results of a legal notification.
As long as a reverse remark is not stated in this contract, all the notifications, notices, demands, consents or approvals and other correspondences that are required and allowed by this contract will be in electronic format and these will be sent to the electronic mail addresses that are stated by the parties. Stated e-mail of the "Reklam Agaci User" is the e-mail address that s/he informed to the "Reklam Agaci" when s/he is registering to Smart Fruits Program. The pre-determined electronic mail address for "Reklam Agaci" is the address info[at]reklamagaci.com.
In case of changes for electronic mail addresses, every party must send an electronic mail message to the other party notifying their new electronic mail address and the date on which this electronic mail address will be valid. In case that no change was notified, the notification made to the old electronic mail address will be regarded as "delivered".
"Reklam Agaci" can make modifications unilaterally whenever it wants in this contract and in the "Secrecy Policy" which is the inseparable part of this contract by referring to this contract. These modifications enter into force by gaining bindingness for the parties on the date when they are announced on the site of www.ReklamAgaci.com.
M- SOLUTIONS OF CONRADICTIONS
Ankara Courts and Execution Offices are authorized for the solutions of the contradictions arising out of the enforcement of this contract.