Wordego Advertisers Online Usage Terms and Conditions
Before registering for participating to the Wordego Advertisers Online Program, please read the terms and conditions carefully. Registering and participating to the Wordego Advertisers Online Program, means that you have accepted these terms and conditions and the legal rights and obligations born from them. If you don't accept these terms and conditions, please do not register and participate this program.
These terms and conditions constitute the legal CONTRACT between YOU and WORDEGO. In case YOU accept these terms and conditions YOU get the right to participate the PROGRAM.
(a) "WORDEGO", stands for Metin Madenciligi Yazilimlari Anonim Sirketi, a company established according to the laws of the Turkish Republic, registered at the Istanbul Trade Registry with the trade registry number of 818518 and at the Avcilar Tax Office with the tax registry number of 620 054 70 29, with headquarters located at Istanbul Teknokent Argem Binasi No: 210 34320 Avcilar / Istanbul / Turkey.
(b) "YOU", stands for the person who is registered and opened up an ACCOUNT to participate the PROGRAM.
(c) "CONTRACT", stands for the terms and conditions and other documents that has been clearly mentioned in this text.
(d) "PROGRAM", stands for WORDEGO Advertisers Online Program.
(e) "ACCOUNT", stands for the online membership registration formed by YOU on behalf of WORDEGO.
(f) "WEB SPACE", stands for PUBLISHER web site/sites.
(g) "SEARCH", stands for searching in WORDEGO data bank (database).
(h) "AD", stands for digital advertisements and/or other contents which are provided by YOU and registered on YOUR ACCOUNT to be displayed on WEB SPACEs.
(i) "PUBLISHER", stands for the web site owner publishing ADs on WEB SPACEs.
(j) "BRAND FEATURES", stands for WORDEGO's trade names, trade brands, service brands, logos, domain names and other determinant brand features.
(k) "INTELLECTUAL PROPERTY RIGHTS", stands for the law of intellectual property rights, patent law, trade brands laws, unfair competition law, broadcasting rights law, privacy rights law and all kind of other property rights including any application, renewal, prolongation, modification and reapplication.
(l) "CLASSIFIED INFORMATION”, stands for; (i) all WORDEGO softwares, technologies, programs, specifications, equipments, rules and documents in respect to the PROGRAM; (ii) all informations and statistics provided to YOU by WORDEGO, related to the AD performance, and/or in respect to the users who displayed and/or clicked and/or filled in coupon information of the ADs, and (iii) all other kind of information which are defined in written by WORDEGO as classified or equivalent degree of information. CLASSIFIED INFORMATION does not include informations that become accessible to public without any contravention by YOU or WORDEGO, or informations that are legally rendered as obligatory to expose.
(m) "FORCE MAJEURE", stands for strikes, insurrection, rebellion, fire, flood, explosion, war, state discretion, labor conditions, earthquake, natural disasters or internet outages which are out of control of WORDEGO or it’s parent company, subsidiaries, or affiliates.
(n) "INACTIVE ACCOUNT", stands for the status of YOUR ACCOUNT in case YOU don't log in to YOUR ACCOUNT for duration of 1 year or longer as per the records of WORDEGO.
(o) “INDEMNIFIED PEOPLE”, stands for WORDEGO, it's parent company, subsidiaries, affiliates, agents, managers, officers, personnel and related third parties (PUBLISHERs, licensors, licensees, consultants, contractors, etc.).
1.2. Unless otherwise is clearly expressed, an attribution to a communication that is supposed to be made in written, also includes communication through e-mail.
1.3. Any attribution to discretion power of WORDEGO, is an attribution to the absolute discretion power and YOU don’t have right to object this.
2. Participation to the PROGRAM
2.1. YOUR online registration is regarded as an application to participate the PROGRAM. WORDEGO has the absolute right to reject YOUR application.
2.2. If WORDEGO accepts YOUR application, YOU will upload the AD that YOU wish to enter into the PROGRAM to YOUR ACCOUNT. If WORDEGO approves the related AD after evaluating it at its sole discretion, the AD will be diverted to WEB SPACEs as per the preferences YOU made through YOUR ACCOUNT.
2.3. WORDEGO may review any AD that YOU uploaded on YOUR ACCOUNT, at any time during the validity period of the CONTRACT.
2.4. WORDEGO may keep any AD out of the PROGRAM at any time.
2.5. Unless WORDEGO approves in written, YOU can only have one ACCOUNT. In case YOU have more than one ACCOUNT, WORDEGO may close them immediately without making any notification.
3. YOUR Responsibilities
3.1. YOU are the only one who is responsible from any use of YOUR ACCOUNT. YOU are the only one who is responsible from the compliance of the ADs with the PROGRAM specifications, and their contents, features, maintenance, operating and commitments.
3.2. WORDEGO is not responsible from any issues in respect to the contents, features, maintenance, operating or commitments of the ADs. WORDEGO is not liable of making any notifications to YOU, in case an AD is not properly displayed to the final users of a WEB SPACE.
3.3. WORDEGO, at its own discretion reserves the right of investigating all acts that may violate this CONTRACT. In such case of an investigation, YOU accept to cooperate in good faith.
3.4. In order to ensure that the ADs and BRAND FEATURES are properly presented, displayed, surveyed and reported, YOU accept to obey all specifications that WORDEGO shall provide.
3.5. YOU accept to direct only to WORDEGO and not to a PUBLISHER or anybody else, any communication in respect to the display of an AD on a WEB SPACE.
4. Forbidden Usages
4.1. YOU shall not do and shall not allow or encourage any third person to do the below mentioned actions:
(a) Creating a new ACCOUNT to use the PROGRAM after WORDEGO's rescission of the CONTRACT as a consequence of YOUR violation of this CONTRACT.
(b) According to WORDEGO's reasonable thought, making an action which reflects WORDEGO as weak or damages WORDEGO's reputation or good faith in other ways.
4.2. Within the context of this PROGRAM, the ADs mentioned below are accepted as ADs with forbidden content. YOU shall not upload these ADs on YOUR ACCOUNT and shall not allow or encourage any third person to do this:
(a) ADs which are not directly related to the product, service or content on the page that is opening after clicking on the AD.
(b) ADs which start an automatic download operation after clicking on the AD.
(c) ADs that belong to landing pages which are hard to enter or leave.
(d) ADs that are related to web sites which are only or essentially designated to show ADs.
(e) ADs that are related to a bridge page (a web page which is designated to divert visitors to a different web site).
(f) ADs that are related to inactive domain name sites (web sites that contain web pages showing only advertising indexes and links).
(g) ADs that are related to web sites which copy the contents of other web sites by using “mirroring”, “framing” or other techniques.
(h) ADs that are related to malicious softwares (softwares which are designated especially to damage computers or softwares running on them).
(i) ADs that are related to web sites using phishing techniques (changing a web site to seem like another web site in order to collect users’ personal information).
(j) ADs that are related to promotion of hacking, by providing instructions and hardware to access or modify softwares, servers, mobile phones or web sites in illegal ways.
(k) ADs that are related to web sites that encourage hostility or violence concepts; and/or advocating any hostility against a company, person, group, nation, ethnic origin, color, national origin, religion, disability status, gender, age, seniority status, sexual orientation or sexual identity; and/or warping historical events against interests of a group; and/or encouraging people to harm themselves or inciting violence against humans or animals.
(l) ADs that are related to web sites promoting; tobacco or tobacco related products (cigarette, cigar, pipe, wrapping paper, electronic cigarette or its refills etc.); alcohol or alcohol related products; drugs or synthetic pleasure giving substances; herbal drugs; chemicals and compounds having psychoactive effects; tools for using drugs and products to pass the tests of aforesaid products illegally.
(m) ADs that are related to web sites promoting; any kind of weapons (pistols and rifles, their pieces and equipments, ammunition, bombs, knifes, throwing stars, etc.); devices designated for causing serious damage or injury; fireworks or firework show materials.
(n) ADs that are related to promotion of gambling or gambling related products.
(o) ADs that are related to promotion of sexual services for adults, escort services, prostitution or any other sexual services for adults.
(p) ADs that are related to promotion of any kind of pornography or sexual products.
(r) ADs that are related to delicate subjects (unpredictable or exceptional social events such as natural disasters or political insurrection).
(s) ADs that are related to selling or promotion of imitated products.
(t) ADs that are related to copying or distribution of materials protected under copyright.
(u) ADs that are related to financial support or donation collection.
(v) ADs that are related to getting forged documents and titles.
(y) ADs that are related to promotion of illegal academical helps providing unfair academical advantage (getting exam questions beforehand, giving an article which was prepared by someone else as if it was his or her own original study, taking an exam for someone else, etc.).
(z) ADs that can violate valid official trade sanctions if published.
(aa) ADs that are related to promotion of products designated to obstruct the application of traffic rules.
(ab) ADs that are related to promotion of political candidates or political parties.
(ac) ADs that assert being a subsidiary of WORDEGO and/or being in a business partnership or in any other kind of private relationship with WORDEGO, without being clearly authorized by WORDEGO.
(ad) ADs that are related to; preparation and distribution of prescription drugs; active pharmaceutical ingredients or herbal and dietary supplements including hazardous substances; products which are promoted as their usage is trustworthy or efficient to avoid or cure an illness or sickness; products which are not approved by government or products which cannot be sold with prescription; products which are intimated or asserted to be as effective as anabolic steroids; products which are intimated or asserted to be as effective as weight loss medicaments that are being sold with prescription; products which are intimated or asserted to be as effective as impotency medicaments that are being sold with prescription; products containing Ephedra’s; products which are intimated or asserted to be effective in weight loss or weight control; products of DHEA and melatonin; products asserting false or misleading statements about health, products promoting HIV tests that are carried out at home; products promoting paternity tests; registration or attender acceptance for clinical experiments; abortion; and any other products and services that can harm human health.
(ae) ADs that are related to promotion of products gathered from animals in danger of extinction or endangered animals.
(af) ADs that are related to facts which are contradictory to current laws and orders. 4.3. YOU accept that any violation or breaching attempt of articles 4.1. and/or 4.2. constitutes a proper violation of this CONTRACT and if WORDEGO reasonably doubts such a violation, YOUR AD or ACCOUNT can be suspended.
5. Rescission and Termination of the CONTRACT
5.1. In respect to this PROGRAM, YOU can stop displaying any AD by removing it from YOUR ACCOUNT at any time. But this shall not terminate the CONTRACT.
5.2. YOU can terminate this CONTRACT at any time and without mentioning any reason by sending a written notification to email@example.com. In this case, this CONTRACT shall be terminated within 10 working days after WORDEGO receives YOUR notification.
5.3. At any time, WORDEGO may terminate this PROGRAM partly or entirely, reside this CONTRACT or may suspend or terminate any AD to participate this PROGRAM partly or entirely.
5.4. In case of rescission of this CONTRACT for any reason; the articles 3.1., 3.5., 4.1.(a), 4.1.(b), 6., 8.2., 8.3., 8.4., 9.5., 10., 11.3., 11.4., 11.6. and 12. shall continue to be valid even after the rescission.
YOU accept not to reveal CLASSIFIED INFORMATION without the written consent of WORDEGO. However, YOU can reveal the quantity of ADs that are displayed as part of the PROGRAM.
7. Non-Guaranteed Issues
7.1. WORDEGO does not give any guarantee in respect to the ADs’ display and/or click and/or coupon information filling quantity or time.
7.2. WORDEGO does not guarantee that the PROGRAM will always be accessible. Accessing to the PROGRAM may not be possible from time to time; because of general internet accessibility problems; network or server interruptions; any malfunction of equipments, system or local access services; planned maintenances or any others caused by FORCE MAJEURE.
8. Liability Restrictions
8.1. Any subject in this CONTRACT does not restrain or restrict any of the parties’ responsibilities due to; (a) unfair act; (b) death or injury; (c) violation of implied conditions in respect to ownership or possession; or (d) any situation that cannot be legally restrained or restricted.
8.2. (Excluding the issues mentioned in article 8.1. and subject to article 8.4.) any of the parties shall not be responsible from; (a) revenue loss; (b) loss of actual or estimated profits; (c) loss of money use; (d) loss of work; (e) loss of opportunity; (f) loss of good faith; (g) loss of reputation; (h) loss, damage or breakdown of data and (i) regardless of its cause, any indirect or resultative loss or damage.
8.3. (Excluding the issues mentioned in article 8.1. and subject to article 8.4.) the total liability of both parties in respect to or in relationship with this CONTRACT, cannot exceed at any situation 100% of the net amount that has been paid by YOU to WORDEGO within the period of the 12 months right before the earliest date of the beginning of the liability in question.
8.4. The articles 8.2. and 8.3. of this CONTRACT does not apply for YOUR liabilities born from YOUR violation of articles 3., 4., 6., 10. and 11.
8.5. Both parties accept that the other party signed this CONTRACT depending on the restrictions and liability exceptions mentioned in the CONTRACT and that these restrictions constitute the base of agreement between the parties.
8.6. Not restricting the articles above and excluding the payment liabilities, none of the parties shall be responsible from unfulfillment or delay in fulfillment of their liabilities due to FORCE MAJEURE.
9.1. YOU will pay a service fee to WORDEGO in exchange of the AD display service at the WEB SPACE given to YOU by WORDEGO. The service fee in question shall be determined based on the valid display and/or click and/or coupon information filling quantity of the ADs on the WEB SPACE.
9.2. The service fee shall be exclusively calculated by WORDEGO at its sole discretion and based on the records that are kept by WORDEGO.
9.3. Unless agreed otherwise in written form between the parties, the payments in respect to the AD display service on the WEB SPACE, shall be made in advance by YOU and over the amounts that YOU shall determine. During the period of the AD display service on the WEB SPACE, the service fee that will be calculated by WORDEGO shall be deducted from the remaining balance on YOUR ACCOUNT. In the event YOUR remaining balance goes under zero, WORDEGO may stop the AD displaying service on the WEB SPACE without any notification.
9.4. At the end of every month of the AD display service on the WEB SPACE, WORDEGO shall raise YOU an invoice amounting to the service fees corresponding to that month.
9.5. In the event of rescission of this CONTRACT, WORDEGO will pay YOU back YOUR remaining balance within approximately 45 days following the last day of the rescission month. But in any situation, WORDEGO shall not pay the remaining balances that are less than 25 (TRL, USD or EUR). WORDEGO may keep the remaining balances that are less than these in exchange of administrative fees.
9.6. Within the scope of this CONTRACT, WORDEGO may offset any amount that must be paid to YOU by WORDEGO, from other amounts that YOU are liable to pay to WORDEGO, or it's parent company, subsidiaries or affiliates.
9.7. YOU are responsible for providing and maintaining YOUR right address, contact information and payment information in respect to YOUR ACCOUNT. WORDEGO may offset bank payment costs that are caused by returned or cancelled bank payments due to incorrect or missing communication or account information provided by YOU, from the future payments to be made to YOU.
9.8. WORDEGO may change pricing and/or payment structure at any time at its own discretion.
9.9. In the event of YOUR objection to any invoice raised or payment made to YOU within the scope of the PROGRAM; YOU are supposed to make a written notification to WORDEGO (firstname.lastname@example.org) within 7 days following the related operation. In case YOU don’t notify WORDEGO by this way, YOU waive all kind of demands in respect to the conflictual invoice or payment.
9.10. YOU accept that; any fund, payment or other sum due in respect to this PROGRAM that is supposed to be paid by WORDEGO to YOU - but cannot paid or delivered because that YOUR ACCOUNT status has changed to INACTIVE ACCOUNT - can be donated to a charity organization that will be determined by WORDEGO.
10. Public Domain
10.1. YOUR name and logo can be used by WORDEGO in presentations, marketing materials, client and reference lists and fiscal reports.
10.2. If YOU want to use WORDEGO’s BRAND FEATURES, YOU can use them providing that it is in conformity with the CONTRACT and the current laws.
11. Representations and Warranties
11.1. Either party accepts, declares and commits that they have the right and power to execute and fulfill their rights within the scope of this CONTRACT, and that they have taken necessary precautions for this purpose; and they shall continue to obey all valid laws, codes, rules and legislations.
11.2. YOU also accept, declare and commit;
(a) that YOU are at least 18 years old and legally competent to be in contractual relationships.
(b) that all the informations provided by YOU to WORDEGO are complete, correct and up to date, and YOU shall keep them like this during the CONTRACT.
(c) that YOU act on YOUR own behalf in respect to the ADs that YOU upload on YOUR ACCOUNT.
(d) that each AD, the web site opening up after clicking on the AD, and any material displayed on those; (i) are in conformity with valid laws, codes, rules and legislations and (ii) does not violate or have not violated any rights belonging to a person or a company.
11.3. YOU accept, declare and commit that WORDEGO exclusively owns all kind of rights, properties and benefits in respect to this PROGRAM, including WORDEGO’s AD display technology, SEARCH technology, BRAND FEATURES and all kind of INTELLECTUAL PROPERTY RIGHTS, and that YOU do not own any right, property or benefit in respect to this PROGRAM, with the exceptions that are explicitly mentioned in this CONTRACT.
11.4. YOU accept, declare and commit that YOU shall not; change, adapt, translate, prepare derivate products, convert to source codes, apply reverse engineering, divide or produce source codes in other ways any of the WORDEGO services, softwares or documents; or produce or attempt to produce an equivalent or similar service or product by using or accessing to the PROGRAM or to the property rights in respect to the PROGRAM.
11.5. YOU accept, declare and commit that YOU shall not abolish, hide or change WORDEGO’s copyright declarations, BRAND FEATURES or other property rights (including ADs, SEARCH windows, SEARCH results) attached or placed in WORDEGO services, softwares or documents.
11.6. YOU accept, declare and commit that in case of YOUR violation of any provisions of the CONTRACT, YOU shall indemnify every kind of liability, loss and costs (including indemnity judgments and judicial charges) that could be born against the INDEMNIFIED PEOPLE.
12. Information Rights
12.2. YOU accept that WORDEGO may transfer or expose YOUR personal information to third people, in order to enable and approve YOUR participation to the PROGRAM. WORDEGO may also collect information in respect to valid legal operations such as witness calls, search orders or court orders or for determining or using its legal rights or for advocating itself against legal demands.
12.3. WORDEGO may share YOUR information, including contents and statistics in respect to AD and any kind of similar information collected by WORDEGO, with PUBLISHERS, business partners, sponsors and other third people.
13. Various Provisions
13.1. This CONTRACT shall be interpreted and applied in accordance with the laws of the Republic of Turkey. For all disputes and subjects arising from or in connection with this CONTRACT, Istanbul courts and execution offices are exclusively authorized.
13.2. In respect to its subject, this CONTRACT represents the totality of the agreements between the parties, and it prevails and replaces all agreements, declarations and regulations made previously.
13.4. In case of not using or delaying using a right or a legal solution way in respect to this CONTRACT, this shall not mean that the related right or legal solution way or any other right or legal solution way is renounced.
13.5. The rights and legal solution ways in respect to this CONTRACT are valid as a whole and do not exclude legally possessed rights and solution ways.
13.6. Any provision of this CONTRACT which is not valid, illegal or non-applicable under the laws, does not affect the validness of the rest of the CONTRACT.
13.7. Any provision of this CONTRACT cannot be interpreted as this CONTRACT is designated for creating a partnership or joint venture between the parties or for specifying one party as the agent of the other party. By no means and no purposes, any of the parties have the authority to represent or sign a contract in the name of the other party or make a commitment against the other party.
13.8. Any provision of this CONTRACT, does not create or give right or interest in countenance of any other person, but the parties of the CONTRACT.
13.9. Unless otherwise clearly declared in written form, all notifications from YOU to WORDEGO in respect to this CONTRACT must be sent in written form to email@example.com. Whereas notifications from WORDEGO to YOU must be send to the e-mail address that YOU register on YOUR ACCOUNT.
13.10. YOU cannot transfer, dispose or re-sell any of the rights that YOU have in respect to this CONTRACT. Any such kind of an attempt may result in rescission of the CONTRACT without incurring responsibility on WORDEGO.
13.11. Regardless of the article above, WORDEGO may transfer or dispose this CONTRACT to it's parent company, subsidiaries or affiliates at any time without making any notifications. WORDEGO may create cooperations and partnerships with global establishments. These establishments may give YOU service on behalf of WORDEGO. YOU accept that these establishments have this right.
13.12. YOU can reach the latest terms and conditions of this CONTRACT which can be changed from time to time, at http://www.wordego.com/en/advertiser-conditions.
13.13. YOU should print a copy of the Online Usage Terms and Conditions for YOUR own records. WORDEGO may not keep the record of the Online Usage Terms and Conditions with the status on the date YOU have concluded the CONTRACT.
March 1st, 2017