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 publishing 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 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 was developed and managed by "Reklam Agaci" and determining reciprocal rights and responsibilities of "Reklam Agaci" and "Advertisement publisher" in the context of Smart Fruits Program.
D. LIABILITIES OF "ADVERTISEMENT PUBLISHER"
"Properties of Site" that can publish advertisements:
- The sites that shares illegal mp3, film, program, warez, crack, serial, cd key, and etc. are accepted to the system.
- The sites with adult content are not accepted to the system.
- The sites that link to the sites which have the above contents are not accepted to the system.
- The sites that are approved but added the above contents afterwards are removed from the system. (this application is against the contract conditions and illegal.
- The sites which use referral domain name must register with their exact domain name.
- The sites that are only for advertisements and which includes too many advertisements are not accepted to the system.
- The publishers can insert max. 5 advertisement domains in one page and more than %20 in the page setup is not considered as advertisement domain. Advertisement domain cannot be too close to one another.
- Any kind of message, picture, and suck like application that encourages the users to click are not allowed.
- In a site that is not registered, no advertisements can be published even if it belongs to the publisher.
- The publishers cannot click on their own advertisements.
- No advertisement can be published on content-deficient sites.
a. "Advertisement Publisher" admits and declares that s/he will place the code which will provide advertisement materials to be published on the web site of "Advertisement Publisher" to the web site which s/he has notified to the "Reklam Agaci" and which s/he will use in the scope of Smart Fruits Program.
b. The "Advertisement Publisher" guarantees not to attempt to affect regular operation of any kind of action in the scope of Smart Fruits or the System of Reklam Agaci and not to use any kind of software or device that will breakdown or prevent the system’s operation.
c. Against the "Site Properties" notified, "Advertisement Publisher" admits and declares not to change the content of his/her own web site in which s/he inserts the code which s/he informed to the "Reklam Agaci" and which was given by "Reklam Agaci".
d. "Advertisement Publisher" admits and declares not to perform attacks, assaults and actions in the electronic media with illegal aims and in order to release viruses, do harm, intervene with the system contrary to laws and contract provisions, and make an unauthorized entry.
e. "Advertisement Publisher" admits and declares not to manipulate the system by artificial clicks or demonstrations in order to create additional earning for himself by nature of Smart Fruits System and that s/he renounces from all his present and future rights and that s/he will lose his/her privileges as "Advertisement Publisher" in case of detection of such clicks.
f. During the period that s/he takes part in the Smart Fruits Program as an "Reklam Agaci User", the "Advertisement Publisher" 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.
g. The "Advertisement Publisher" 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 "Advertisement Publisher";
- An owner of the web site who wants to be a "Advertisement Publisher" applies to "Reklam Agaci" by stating his/her web site in order to be included in Smart Fruits Program. The web site of the applicant is examined by "Reklam Agaci" and if it is understood that it meets the qualifications under the title of "Site Properties", the site owner is allowed to be an "Advertisement Publisher".
- The code which enables advertisements and announcements to be published on the "Advertisement Publisher’s" own site and which is provided by "Reklam Agaci" is inserted in to his/her own site by the "Advertisement Publisher". "Advertisement Publisher" gets entitled to earn a price which is determined in the frame of the criteria prepared by "Reklam Agaci" via advertisement domains on the web site.
E. LIABILITIES OF "Reklam Agaci"
a. Reklam Agaci will give the necessary code to the Advertisement Publishers who apply for Smart Fruits Program and who are approved in order to advertise their advertisement materials on the Advertisement Publisher’s web site.
b. Reklam Agaci admits and declares that it will provide visual material in order to publish on their web sites to the Advertisement Publishers who apply for Smart Fruits Program and who are approved and that it will present to the Advertisement Publishers who register into Smart Fruits Program a manager screen through which Advertisement Publishers can make entry via the internet.
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.
The right for the "Advertisement Publisher" to demand payment from "Reklam Agaci" in the direction of Smart Fruits Program will come out on condition that s/he will perform its responsibilities stated in this contract and the rules and conditions pertaining to Smart Fruits Program determined by "Reklam Agaci" on the web site.
The amount that accumulates in the "Reklam Agaci" account will be paid to the "Advertisement Publisher" according to the number and duration of demonstrations that the advertisement materials published on his/her site gets or according to the number of single clicks that advertisement materials gets. The earnings that the "Advertisement Publisher" deserves every month will be paid until up to 15th of the following month. The right for the "Advertisement Publisher" to demand payment from "Reklam Agaci" will come out on condition that it exceeds the minimum amount of 50 TL (fifty Turkish Liras) and this amount will be paid until up to 15th of the following month. After "Advertisement Publisher" stated his/her bank account details through web site, Reklam Agaci will pay the price of commission and/or service via money order that the Advertisement Publisher deserves on the payment dates determined by herself/himself in the scope of this contract. Money order cost belongs to "Advertisement Publisher".
H. EXECUTION OF PAYMENT
THE STATE OF MAKING OUT AN INVOICE BY "Advertisement Publisher"
After the Advertisement Publisher gives the direction of payment, he/she will make out an invoice for the Reklam Agaci from over the amount that s/he demands with the payment direction. The payment will be made in 15 days by "Reklam Agaci" after the notification of the invoice to "Reklam Agaci". "Advertisement Publisher" will send the invoice to the post address that is stated in the payment page of "Reklam Agaci".
THE STATE OF NOT MAKING OUT AN INVOICE BY "Advertisement Publisher"
If the "Advertisement Publisher" does not prepare an invoice after giving payment direction, the payment will be made by Reklam Agaci after determining the rest amount by subtracting legal stoppages from the payment amount.
I. 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".
K. 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 L provision of the contract.
L. 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.
N. SOLUTIONS OF CONRADICTIONS
Ankara Courts and Execution Offices are authorized for the solutions of the contradictions arising out of the enforcement of this contract.