Contrato de colaboración de afiliados

ARTICLE 1 – PARTIES AND DEFINITIONS

This Affiliate Agreement (hereinafter the "Agreement") is concluded between Bogahost Bilişim ve Telekomünikasyon Hiz. San. ve Tic. Ltd. Şti. (hereinafter "BOGAHOST" or "COMPANY"), the sole legal rights holder of the bogahost.com and bogahost.com.tr platforms, residing at Fevzipaşa Mahallesi, Erek Caddesi, 127/E Erbaa/TOKAT, and the natural or legal person who applies electronically to BOGAHOST's Affiliate Program and is approved (hereinafter the "AFFILIATE", "AFFILIATE PARTNER" or "PARTNER").

This Agreement shall be deemed to have been concluded with free will and entered into force at the moment the AFFILIATE completes its affiliate application through the customer panel, ticks the pre-approval checkbox and the affiliate account is activated by BOGAHOST.

ARTICLE 2 – SUBJECT OF THE AGREEMENT

The subject of this Agreement is the determination, within a legal framework, of the commission rates to be paid to the AFFILIATE by BOGAHOST in return for bringing new customers to BOGAHOST services through personalized referral links (affiliate links) and discount coupons allocated to the AFFILIATE, the payment (payout) conditions, attribution rules, prohibited promotional techniques, brand usage rights and limits, and other mutual rights/obligations.

ARTICLE 3 – LEGAL BASIS

This Agreement is subject to the Turkish Code of Obligations No. 6098, Turkish Commercial Code No. 6102, Law No. 6563 on the Regulation of Electronic Commerce, Law No. 6502 on the Protection of Consumers, Law No. 5651 on the Regulation of Broadcasts Made on the Internet, Law No. 6698 on the Protection of Personal Data (KVKK), Income Tax Law No. 193, VAT Law No. 3065, the Advertising Board Directives, and the Commercial Electronic Message Management System (IYS) legislation.

ARTICLE 4 – APPLICATION, APPROVAL AND ACCOUNT STATUS

In order to apply to the affiliate program, there is no requirement that the candidate be over 18 years of age, have legal capacity, or be an existing customer of BOGAHOST; however, the application shall be evaluated at the sole discretion of BOGAHOST. BOGAHOST reserves the right to reject the application or suspend the approved account without giving any reason. For legal entity applications, the identity and contact information of the authorized representative, and for natural person applications, that of the AFFILIATE, shall be verified. A natural/legal person may open only one affiliate account; if multiple accounts, false identity, duplicate registration, or fraudulent applications are detected, the account shall be closed immediately and accrued commission rights shall be canceled.

ARTICLE 5 – COMMISSION RATES AND TERMS DEFINED IN THE SYSTEM

5.1. BOGAHOST publishes the commission rates to be paid under the affiliate program up to date in the Affiliate / Sales Partnership section of the customer panel. The applicable rate is the rate defined in the system at the moment the sale is realized through the AFFILIATE's referral. 5.2. Rates may differ according to the service category (hosting, server, domain name, license, etc.), the CUSTOMER's subscription duration, and order amount. For promotional periods, BOGAHOST may define corporate-level special rates and may change these rates temporarily or permanently. 5.3. Commission shall accrue only on sales (i) purchased by genuine and valid new CUSTOMERS, (ii) not refunded, (iii) not subject to chargeback, and (iv) obtained in accordance with the Affiliate program rules. For low-margin or one-time products such as domain names, SSL certificates, and third-party licenses (cPanel, Plesk, LiteSpeed, WHMCS, etc.), the commission rate may be zero or nominal; this matter is clearly shown in the system. 5.4. Commissions related to services that are canceled, refunded, or required to be reimbursed within 30 (thirty) days shall be clawed back and deducted from the accrued balance.

ARTICLE 6 – ATTRIBUTION (REFERRAL TRACKING) RULES

6.1. A sale is attributed to the AFFILIATE only when it is validly linked to the AFFILIATE by the technical attribution mechanism of the BOGAHOST system (cookie + IP + browser fingerprint). 6.2. The standard attribution window (cookie duration), unless otherwise stated, is the duration defined in the system (generally 30-60 days). If the same end customer clicks more than one affiliate link within the attribution window, the "last-click" principle applies; the sale is attributed to the last-clicked affiliate. 6.3. Self-purchases made from the same IP or with overlapping browser fingerprint, purchases by relatives/spouses, or orders placed on the AFFILIATE's own account shall not be subject to commission. 6.4. Self-referral, circular referral, or deleting another affiliate's tracking code and inserting one's own code (cookie stuffing / cookie overwriting) is prohibited and, upon detection, all accrued commission rights shall be canceled and the account closed.

6.5. Multi-Account and Self-Referral Prohibition: The AFFILIATE may not open more than one of its own affiliate and/or customer accounts simultaneously or at different times and pretend to have made sales by using its own referral code/link between such accounts. Designating mutual referrals between accounts opened with different identity, e-mail, telephone, or bank/IBAN details belonging to the same natural person is not considered a valid sale to us but a fraudulent attempt contrary to the agreement. The feeding of seemingly independent accounts opened in the name of spouse, child, sibling, parents, or first-degree relatives through one's own affiliate account; similarly, cross-referrals lacking reasonable economic justification made through the same IP, same browser fingerprint, same payment card, or same bank account are also within this scope. Upon detection, BOGAHOST shall have the right to (i) cancel the relevant affiliate account immediately and unilaterally, (ii) zero out (delete) all commissions and balances accrued in the account, (iii) request refund and recourse for payments already made, and (iv) initiate legal proceedings for damages incurred. These sanctions shall not prejudice BOGAHOST's rights arising from other provisions of the Agreement.

ARTICLE 7 – PROHIBITED PROMOTIONAL TECHNIQUES

The AFFILIATE may not under any circumstances use the following promotional techniques. Otherwise, no commission right shall arise, the accrued balance shall be canceled, and the account shall be closed; the AFFILIATE shall be jointly and severally liable for damages incurred. 7.1. Spam and Unsolicited Bulk E-mail: Sending unsolicited bulk e-mail, SMS, WhatsApp or push notifications contrary to Law No. 6563 and IYS regulations. 7.2. Misleading Advertising: Use of misleading or confusing advertising expressions such as "Official Bogahost", "Bogahost Discount", "Bogahost Premium". 7.3. Brand Bidding: Direct brand bidding on BOGAHOST brand names such as "bogahost", "boga hosting", "bogahost.com" through Google Ads, Bing Ads or similar search engine ads, or publishing typo-squat variants. 7.4. Adult / Gambling / Warez Sites: Presenting affiliate links on sites that broadcast contrary to legal legislation (gambling, warez, copyright infringement, unlicensed adult, etc.). 7.5. Fake Discount Codes: Fake/non-existent discount code advertising, "free hosting" claims, or unrealistic promises. 7.6. Cashback and Discount Site Manipulation: Publishing affiliate links on cashback platforms or coupon sites not previously approved in the system. 7.7. Pixel Stuffing and Bot Traffic: Presenting automated bots, iframe stuffing, hidden pixels, or non-genuine traffic as legitimate referrals.

ARTICLE 8 – USE OF BRAND, LOGO AND VISUAL ASSETS

BOGAHOST grants the AFFILIATE a non-exclusive, non-transferable, revocable license for the duration of the Affiliate Program regarding the use of the "Bogahost" brand, logo, visual banners, product visuals, and promotional texts. This license may be used solely for the promotion of and redirection to BOGAHOST services. The AFFILIATE may not modify the logo, brand, or visual assets, may not produce derivative assets, may not sublicense to third parties, and shall act in compliance with BOGAHOST's Brand Guidelines. In case of termination of the Agreement, the AFFILIATE is obliged to remove all brand and visual assets from use.

ARTICLE 9 – PAYMENT (PAYOUT) TERMS AND PERIODS

9.1. Minimum Threshold: In order for the AFFILIATE to be able to create a request, the affiliate balance must exceed the minimum payment threshold defined in the system (e.g., 500 TL or equivalent foreign currency). 9.2. Hold Period: Sales subject to commission are subject to a 60 (sixty) day hold period due to the risk of refund and chargeback. Commissions for sales that are canceled, refunded, or subject to chargeback within this period shall be automatically deducted from the balance. 9.3. Payment Methods: Bank transfer (for legal/natural persons resident in TR), PayPal or Wise (for international partners), and as BOGAHOST wallet balance through the customer panel. 9.4. Tax Obligation: Commissions are subject to tax according to the legal status of the AFFILIATE. Legal entity affiliates receive payment with an invoice, self-employed professionals with a self-employment receipt, and natural persons who are not taxpayers receive payment with withholding tax deducted under Article 94 of the Income Tax Law. The withholding rate is calculated based on the current rates set out in the legislation and reflected to the AFFILIATE. 9.5. Bank/Currency Commissions: Wire transfer, EFT, SWIFT, FX conversion, and PayPal commissions belong to the AFFILIATE.

ARTICLE 10 – COMMISSION CLAWBACK AND BALANCE ADJUSTMENT

BOGAHOST may unilaterally decide to claw back accrued commission in the following cases: (i) The customer withdraws from or returns the service purchased, (ii) a chargeback (reverse charge) application is made, (iii) the use of false identity or stolen card is detected, (iv) it is detected that the sale was obtained by a method contrary to the Affiliate program rules, (v) it is subsequently determined that the service was provided free of charge or as part of a promotion. The clawback transaction may be applied as an offset from the existing balance, deduction from future commission periods, or a direct refund request.

ARTICLE 11 – TRNC, CYPRUS AND OVERSEAS PARTNERS

Natural/legal persons applying as affiliates from outside the Republic of Turkey are obliged to ensure compliance with their own country's tax legislation. BOGAHOST may apply withholding deductions at the relevant rates within the scope of double taxation prevention agreements, provided that documentation is submitted. For overseas transfers, SWIFT commissions and the Central Bank of the Republic of Turkey selling exchange rate shall be used for payment.

ARTICLE 12 – PERSONAL DATA AND KVKK COMPLIANT MARKETING

The AFFILIATE is obliged to act in accordance with the KVKK No. 6698, KVKK Board decisions, and Law No. 6563 while processing the personal data (e-mail, phone, IP, cookie data, etc.) of potential customers. In this context, (i) obtaining explicit consent and creating IYS records for commercial electronic messages, (ii) carrying out appropriate consent management for cookie-based tracking, and (iii) fulfilling the obligation to inform are the sole responsibility of the AFFILIATE. BOGAHOST reserves the right of recourse for administrative fines, compensation, and claims arising from data processing activities carried out by the AFFILIATE.

ARTICLE 13 – AFFILIATE'S DECLARATIONS AND COMMITMENTS

The AFFILIATE irrevocably accepts, declares, and undertakes that (i) the identity and bank/IBAN information provided to the system is genuine and accurate, (ii) the advertising activities it will carry out will comply with the Advertising Board Directives and the laws of the Republic of Turkey, (iii) it will not make any commitments on behalf of BOGAHOST, (iv) it works as an independent party on behalf of BOGAHOST and there is no employment, agency, or representation relationship between them, and (v) it will personally fulfill the tax obligations on the commission to be obtained.

ARTICLE 14 – BOGAHOST'S OBLIGATIONS AND LIMITATION OF LIABILITY

BOGAHOST undertakes to keep the affiliate panel up to date, operate the attribution mechanism, pay approved commissions within the specified periods, and provide the necessary technical support. BOGAHOST is not responsible for delays and errors in third-party tracking systems, banking infrastructure, internet outages, or force majeure situations. BOGAHOST's total liability is limited to the amount of commissions earned by the AFFILIATE in the 12 (twelve) months prior to the date of the event.

ARTICLE 15 – TERMINATION OF THE AGREEMENT

Either party may terminate the agreement with at least 30 (thirty) days prior written notice. BOGAHOST has the right to terminate the agreement immediately and unilaterally in case of breach of the Agreement, fraud, deception, behavior damaging brand reputation, or legal obligation. After termination, accrued commissions that have passed the 60-day hold period shall be paid in the last payout cycle; commissions within the hold period, if any, shall be clawed back.

ARTICLE 16 – EVIDENCE AGREEMENT AND COMPETENT COURT

In all disputes arising from this Agreement, the attribution records, affiliate panel logs, IP/cookie records, order and payment records, e-mail correspondence, and KEP/SMS notifications stored in BOGAHOST's database shall constitute conclusive and exclusive evidence pursuant to Article 193 of the Code of Civil Procedure (HMK). The AFFILIATE accepts in advance that it shall not object to these records. The Tokat/Erbaa Courts and Enforcement Offices have exclusive jurisdiction in the resolution of disputes.

ARTICLE 17 – ENTRY INTO FORCE AND ACCEPTANCE

The AFFILIATE irrevocably declares and undertakes that it has read and understood this Agreement in its entirety electronically, that commission rates are defined in the system, that it has specifically evaluated the clawback and hold period provisions, prohibited promotional techniques, tax obligations, and evidence agreement clauses, and that it accepts them with free will.