Partner Program Agreement
ARTICLE 1 – PARTIES TO THE AGREEMENT
A) COMPANY
“WEBTURES DİJİTAL BİLİŞİM A.Ş.”
Esentepe Mahallesi Milangaz Caddesi No:77 A2 Block Floor:32 Flat:219 Kartal / ISTANBUL
Kartal Tax Office VKN: 8000539437
(Hereinafter referred to as “WEBTURES”.)
B) PARTNER
“COMPANY NAME”
ADDRESS
(Hereinafter referred to as “PARTNER”.)
ARTICLE 2 – SUBJECT OF THE AGREEMENT
2.1- This Agreement sets out the use of the services made available by WEBTURES to the Partner at www.webtures.com and the rules regarding electronic shopping, obtaining product price information, email, payment terms regarding electronic payment instruments for financial transactions, confidentiality, working method, force majeure, assignment and termination of the agreement, dispute resolution, and the obligations of WEBTURES and the Partner, for the services that the Partner directs to WEBTURES and purchases as a reseller.
ARTICLE 3 – PARTNERSHIP SYSTEM
3.1- If the Partner has the prerequisites deemed appropriate by Webtures, has purchased any of the Partner services offered by Webtures, has delivered the documents and agreements requested by Webtures to Webtures, and is found sufficient for partnership in the necessary review, it will be appointed as a Partner by Webtures.
3.2- The Partner company will be determined by Webtures. (The Partner cannot grant partnership to another company.)
3.3- The Partner is obliged to share username and password when necessary in order to connect to services that require membership between itself and the customer.
3.4- Webtures cannot transfer the service it provides through the Partner to another Partner.
3.5- The service purchased from Webtures or the service provided to the customer directed by the Partner cannot be transferred to other third persons by the Partner during the term of the agreement.
3.6- If the Partner also benefits from other services offered by Webtures, it will be responsible in those systems to the same extent.
3.7- The Partner cannot use the services offered by Webtures outside their purpose. Webtures shall not be held responsible for out-of-purpose use such as publication of pornographic content or content prohibited by law. The Partner accepts all responsibility in advance.
3.8- The Partner tracks the services purchased from Webtures and requests renewals from Webtures. Webtures cannot be held responsible for renewal requests not made on time. The Partner knows and accepts in advance that different pricing will be applied to all services that have expired.
ARTICLE 4 – OBLIGATIONS OF WEBTURES
4.1- Webtures establishes the technical infrastructure necessary to ensure continuous and secure operation of www.webtures.com and ensures its operation.
4.2- Webtures makes maximum effort to ensure that the offer and service are delivered to the Partner quickly, taking into account the services provided according to existing service capabilities or services received from social platforms such as Google, Facebook, Twitter, Instagram, YouTube, etc.
4.3- In offer deliveries, Webtures will deliver files and services by observing a fair order. However, Webtures cannot be held responsible for changes that may occur within or outside Webtures’s knowledge.
4.4- Any information regarding customer credit cards to be determined under this agreement is under Webtures’s protection and Webtures may not share such information with third parties for any reason.
4.5- Webtures declares that the service to be performed and all information are correct, that it will be responsible for any damages and losses arising from incorrect or incomplete information, and that in such cases, the Partner membership may be terminated unilaterally without compensation upon the Partner’s cancellation request.
ARTICLE 5 – PARTNER OBLIGATIONS
5.1- The Partner accepts that the communication information and all information to be provided by the Partner are correct, that it will be responsible for any damages and losses arising from incorrect or incomplete information, and that in such cases the Partner membership may be terminated unilaterally by Webtures.
5.2- The Partner accepts that it is responsible for the security of the login passwords, access passwords and codes given to it by Webtures; that all transactions carried out using these passwords and codes are carried out by the Partner; and that the persons who will use these codes and passwords are authorized by the Partner.
5.3- Based on customer-specific works, the profit sharing between Webtures and the Partner will be shared with the PARTNER at the rate of 15% over the invoice issued to the customer directed by the Partner.
5.4- The Partner accepts that Webtures will not be responsible for damages that may arise as a result of customer access information being learned by third parties.
5.5- The Partner undertakes not to disturb or threaten other users, not to record, publish, distribute materials and information that are contrary to public morals and unlawful, that defame the names of persons or institutions, and not to record, publish, or distribute information belonging to others.
5.6- The Partner accepts, declares, and undertakes not to advertise services within the scope of the offer without Webtures’s permission, not to sell any service within the scope of the agreement, not to make offers for this purpose, and not to send messages and files that would constitute a crime under the Constitution of the Republic of Türkiye, international agreements, and laws.
ARTICLE 6 – AUTHORITIES
Within the scope of this agreement, Webtures has the following authorities unconditionally.
6.1- If platforms such as Google, Facebook, Twitter, Instagram and social channels do not operate for items within the scope of the service, Webtures may temporarily or completely stop the operation of the service. Webtures shall not be responsible in any way for damages that Partner members or third parties may suffer due to temporary or complete stoppage of the system.
6.2- Webtures is authorized to determine and change the prices, service features, delivery method and delivery conditions of the services offered through www.webtures.com.
6.3- Webtures has the right to request any additional payment unilaterally regarding payments determined by this agreement and the agreements annexed hereto. Such additional payment is valid if the customer requests a service outside the agreement.
6.4- Webtures is fully authorized to allow the use of personal information entered into the Partner system for commercial purposes such as necessary communication, promotion, advertising, etc. by content providers and web service users.
6.5- Webtures may allocate a quota it deems appropriate for storing customer files. It has the right to increase or decrease these quotas according to current needs. Webtures is responsible for storing, deleting, and backing up files in the environment.
6.6- If Webtures deems necessary, it has the right to turn services that do not require membership into services that require membership and to turn services that require membership into services that do not require membership. It may open additional new services; it may make existing services paid or completely remove them from use. If services not included in the agreement and offered free of charge become paid, the customer will be notified. Use will begin after the customer’s approval.
ARTICLE 7 – CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
7.1- The Partner undertakes that during the term of the agreement and for a period of two years after the agreement ends for any reason, it will not provide any information, passwords, and codes arising within the framework of the commercial relationship with the Webtures agency to third persons and organizations.
7.2- If Webtures determines that the Partner has provided such information to third persons and organizations, Webtures will immediately cancel the membership agreement; and the Partner already accepts that it will compensate all damages incurred by Webtures unconditionally and without reservation for this reason. Webtures also already accepts that it will compensate all damages incurred by the Partner unconditionally and without reservation for the same reason.
7.3- The PARTIES accept, declare, and undertake that within the scope of this agreement they will comply with all applicable legislation on personal data, including the Law No. 6698 on the Protection of Personal Data (KVKK) and secondary regulations, and that they will fully, timely, and duly fulfill all measures, precautions, and requirements determined/to be determined by the relevant legislation. The PARTIES accept, declare, and undertake that they will use any information obtained from the other PARTY within the scope of this Agreement, including personal data, exclusively for the purpose of providing the service within the scope of the Agreement, and that it will not be used for other purposes without written permission. Considering that information obtained within the scope of this agreement may include personal data, the PARTIES accept, declare, and undertake that they will process personal data in compliance with the KVKK and, by complying with the KVKK’s data security obligations, take all technical and administrative measures to ensure the security level required by the KVKK and relevant legislation to prevent unlawful processing and/or access and to ensure the preservation of personal data; that they will report to the other PARTY and, if necessary, to official institutions to ensure implementation and auditing of KVKK provisions; that they will keep themselves open to both their own internal audit and the other PARTY’s audit for the purpose of ensuring implementation of KVKK provisions; that they are obliged to provide any requested information and documents in a timely and accurate manner and to keep ready and operate all systems and passwords necessary to access and make readable the records in electronic, magnetic, and similar media; and that upon the request of the other PARTY, they will immediately delete and destroy personal data and all other information obtained from each other, together with all copies, in the presence of the representatives of the other PARTY.
ARTICLE 8 – DELIVERY OF OFFERS
8.1- Webtures makes maximum effort to deliver all offers it provides to the Partner for delivery to the customer as soon as possible.
8.2- Webtures delivers the offers to the Partner via email or through the WebturesAPP panel.
8.3- New offers are delivered to the Partner in the renewal periods of the services provided by Webtures.
ARTICLE 9 – PAYMENT TERMS
9.1- The Partner is unconditionally responsible for the payment information determined in the Webtures contract terms.
9.2- In case of non-payment, Webtures may cancel transactions within 30 days and reserves the right to stop all services of the Partner.
9.3- All services for which payment transactions are not made are suspended by Webtures, and the Partner knows that a different pricing policy will be applied for delayed payments.
ARTICLE 10 – TAXATION
10.1- All services provided by Webtures will be taxed according to the tax laws in force in Türkiye. Sales under Investment Incentive Certificate and export-based sales will not be made through this system.
10.2- All transactions carried out through the Partner will be taxed according to the tax laws in force in Türkiye.
10.3- Invoicing between Webtures and the Partner will be based on the commission rate.
10.4- Any future changes in tax laws will automatically be effective within the scope of this agreement.
ARTICLE 11 – NOTICE ADDRESS
Webtures and the Partner accept the addresses written in Article 1 of this Agreement as their legal domicile. Unless any address change is notified to the other party via a notary public, notifications made to these addresses will be deemed valid.
ARTICLE 12 – VALIDITY OF ELECTRONIC RECORDS
Electronic correspondence records such as email, instant messaging, and fax between “COMPANY” and “CUSTOMER” and made by the authorized persons of the parties are accepted as legally valid evidence and are accepted as definitive and binding evidence in terms of procedural law.
ARTICLE 13 – FORCE MAJEURE
Events beyond the control of the parties such as natural disasters (earthquake, flood, etc.), fire, epidemics, strikes, lockouts, civil and military administration restrictions, coups, rebellions, internal unrest, and embargo are considered force majeure. In case of force majeure, the affected party will inform the other party without delay and the parties will decide together how to proceed.
ARTICLE 14 – APPLICABLE PROVISIONS
In all disputes that may arise regarding this agreement, the provisions of the agreement shall apply primarily; for matters not covered herein, the laws of the Republic of Türkiye (TTK, BK, MK, HUMK and others) shall apply.
ARTICLE 15 – COMPETENT COURTS AND ENFORCEMENT OFFICES
Istanbul Anatolian Courts and Istanbul Anatolian Enforcement Offices are competent to resolve disputes that may arise from this agreement.
ARTICLE 16 – EFFECTIVE DATE
The Partner declares that it accepts this agreement when it starts working with Webtures, and this agreement enters into force as of that moment. When Webtures deems necessary, it may request the Partner to sign this agreement and deliver it to Webtures officials.
ARTICLE 17 – TERMINATION OF THE AGREEMENT
This agreement covers validity for a period of 1 (one) year for Webtures or the Partner. It may be terminated provided that it is notified in writing 30 (thirty) days in advance.
This agreement, excluding annexes, consists of 4 pages and 17 articles, has been prepared in two copies, and was read and mutually signed by the parties on 01/04/2021.