The information of Konit Turizm Anonim Şirketi (“TAKK Travel” or “Agency”), which is the data controller within the scope of this Information Text, is as follows;
Title: Konit Tourism Joint Stock Company
Address: Zafer Mah. Haramidere Yolu Cd. No:28/C Floor:23 No:438 Esenyurt / Istanbul
Mersis Number: 0576077718100001
Tax Office / No: Avcılar Tax Office / 5760777181
Trade Registry Office / Trade Registry Number: Istanbul Trade Registry Office / 128708
Electronic Notification Address: 25929-32481-82207
Corporate Contact Address: info@takktravel.com
KEP Address: konitturizm@hs01.kep.tr
Welcome to the TAKK Travel Partner Program, an online portal and program that offers an optional package.
Commercial services (“Services”), including but not limited to the TAKK Travel Agency Program and the TAKK Travel Affiliate Program.
This Agreement contains the terms and conditions governing your access to and use of the Services through a particular account and is an agreement between you or the business you represent (as specified in the registration process and in the Account Information section of the TAKK Travel Partner Program platform) and Konit Turizm A.Ş. (agreement). By registering for or using the Services, you (on behalf of yourself or the business you represent) are bound by the terms of Service and policies applicable to each Service for which you register or use (each, a set of “Terms of Service”).
If you are collaborating with TAKK Travel pursuant to a commercial agreement not described in Parts A or B of this Agreement (for example, TAKK Travel’s commercial partner or technology integrator models), the contractual terms for such agreement will be separately agreed between you. and TAKK Travel, and separately agreed contractual terms shall prevail over any conflicting terms in this Agreement.
As used in this Agreement, “we”, “us” and “TAKK Travel” refer to Konit Turizm A.Ş. It means. Konit Turizm A.Ş. is an Istanbul organization with its business center at Zafer Mh., Haramidere Cd., No:28/C Kat:23 No:438, Turkey, and “you” (if you are registering or using a Service individually ) or the business for which the individual works or represents (if registering for or using a Service on behalf of a business). Capitalized terms have the meanings listed in the Definitions section below. In the event of any conflict between these General Terms and the applicable Terms of Service, the Terms of Service shall prevail.
1. Registration
To begin using a Service, you must complete the registration process for one or more Services by providing all required information in the Account Information section of the TAKK Travel Partner Program platform. Use of the Services is limited to parties who can legally enter into and form contracts under applicable law. Before you can access or use any of the Services, you must provide us with certain mandatory information, including but not limited to your legal name (and/or that of your business), your address, telephone number, website address (if applicable) and email address. We may discontinue providing any or all of the Services at any time, in our sole discretion and without notice.
2. Term/termination
The term of this Agreement will begin on the date you complete your registration for a TAKK Travel Partner Program account (“TAKK Travel Partner Program Account”) and will continue until terminated by us or you as set forth below (the “Term”). We may terminate or suspend this Agreement or any Services immediately upon notice to you at any time for any reason. You may terminate this Agreement or any Services at any time, for any reason, by the methods specified by us.
Termination or suspension of a Service will not terminate or suspend any other Service unless expressly stated. Upon termination, all rights and obligations of the parties under this Agreement will terminate, except that Sections 2, 4 – 9 and 15 – 19 shall survive termination. Any terms that expressly survive the applicable Terms of Service shall survive termination.
3. Intellectual Property; Contents
3.1 You acknowledge and agree that Customer Information, TAKK Travel Marketplace, Travel Product Information, Travel Product Links, TAKK Travel APIs and all information, technology and materials related thereto and the intellectual property rights therein belong to you. It is the property of TAKK Travel or its licensors, and you may not display, use or reproduce such materials, technology and information for any purpose other than those expressly stated in this Agreement.
3.2 If you are granted a license under a set of Terms of Service, you may offer and make available for purchase all or any part of Travel Products but you must view all Travel Product Information provided by TAKK Travel in relation to any Travel Product displayed or otherwise displayed. Introduced by you. You may not add to, enhance, supplement, alter, change or correct the Travel Product Information, in whole or in part, without the prior consent of TAKK Travel. You will promptly correct any errors or inaccuracies notified to you by TAKK Travel. You may not systematically analyze or extract information (including guest reviews) from the TAKK Travel Marketplace or the Agency Marketplace, or copy the appearance, style or content of the TAKK Travel Marketplace or the Agency Marketplace, in whole or in part, except as permitted under this Agreement or As otherwise authorized in writing by TAKK Travel. You will make all Travel Product Information unindexable by search engines.
3.3 TAKK Travel may make certain Participation Data available to you from time to time. You may display and/or distribute such Engagement Data within your organization for internal business purposes only. No other internal or external distribution of any of the Participation Data is permitted. You agree that you will not acquire any ownership rights (including copyright and other intellectual property rights) in any of the Participation Data and/or Services, all of which will be retained by TAKK Travel.
3.4 Except as otherwise stated in the Terms of Service, any licenses granted to you are personal to you and you may not assign, mortgage or grant any liens or other rights in or to the licensed rights, or transfer or sublicense the licensed rights without consent. Prior written consent of TAKK Travel.
3.5 You acknowledge and agree that all requests for the purchase of a Travel Product are subject to acceptance by TAKK Travel in accordance with the terms and conditions set out on the TAKK Travel Marketplace or Agency Marketplace. Travel Products are subject to cancellations, restrictions and penalties, which vary and are detailed in the Travel Product Information for each Travel Product.
3.6 You will not register any domain name(s) containing the word TAKK Travel (or similar misspellings) or any words related to TAKK Travel. Same or strikingly similar to those used by other parties or affiliates.
4. Declarations
4.1 You represent and warrant to us that: (a) you have full power and authority to execute and deliver this Agreement and have all licences, authorizations, consents, approvals and permissions required by all applicable laws and regulations to perform your obligations. and you will exercise your rights set forth herein and (b) comply with all applicable international, federal, state and local laws and regulations (including, without limitation, consumer protection and data privacy laws). If you are using the Services as a corporate entity, you further represent and warrant that such entity is duly organized and validly existing in accordance with the laws of the state (or country) in which it is incorporated and has full corporate power and authority to perform such services. It enters into and delivers this Agreement and has all licenses, authorizations, permits, approvals and permissions required by all applicable laws and regulations to perform its obligations under this Agreement. You agree that you will not take or omit to take any action that, in TAKK Travel’s sole opinion, may cause TAKK Travel or TAKK Travel Marketplace or the Agency Marketplace to be disparaged, defamed, discredited or brought into disrepute.
4.2 Each Party acknowledges and agrees that (a) this Agreement constitutes a legal, valid and binding obligation enforceable by appropriate legal means in accordance with its terms; and (b) the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, document or understanding to which it is a party or to which it may be bound, or violate any law or regulation of any court, governmental body or other agency having jurisdiction over it. .
5. Compensation
You will indemnify and hold harmless TAKK Travel (including but not limited to all companies in the TAKK Travel group and TAKK Travel’s subsidiaries) and their respective directors, officers, employees, agents, suppliers and will defend them upon request from TAKK Travel. , licensors, vendors, distributors and service providers (each a “TAKK Travel Indemnified Party”) from and against any and all claims, losses, liabilities, damages, fines, penalties, settlements, expenses and expenses (including attorneys’ fees and court fees). You will have no liability whatsoever to the TAKK Travel Indemnified Party arising out of or arising out of, directly or indirectly, your breach of (or breach of) this Agreement, including, without limitation, all of your representations and warranties in this Agreement, if true.
6. Disclaimer
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, TAKK TRAVEL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITHIN THE SCOPE OF THIS AGREEMENT IN CONNECTION WITH TRAVEL PRODUCTS, TRAVEL PRODUCT INFORMATION, TRAVEL PRODUCT LINKS, TAKK TRAVEL MARKET, AGENCY MARKET OR OTHER MATTER. ÇA REJECTS. EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, PERFORMANCE, DEALING OR USAGE OF TRADE. TAKK TRAVEL DOES NOT WARRANT THAT TRAVEL PRODUCT INFORMATION, TRAVEL PRODUCT LINKS, REFERENCE LINKS, TAKK TRAVEL APIs, ENGAGEMENT DATA, TAKK TRAVEL MARKETPLACE OR AGENCY MARKETPLACE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, TIMELY OR ERROR-FREE. TAKK TRAVEL DOES NOT MAKE ANY GUARANTEES, COMMITMENTS OR REPRESENTATIONS REGARDING THE AMOUNT OF COMMISSIONS TO BE CREATED BY YOU BASED ON THIS AGREEMENT.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSSES OR LOSSES OF REVENUE. IT WILL HUNGER. COSTS OF PROVIDING GAINS OR SUBSTITUTE GOODS IN CASE OF PRIOR NOTIFICATION OF THE RISK OF LOSS OR DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED $10,000. NONE OF THE FOREGOING LIMITATIONS SHALL APPLY TO YOUR VIOLATION OF SECTIONS 8, 9 OR ANY LICENSE TERMS OR INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT; LIABILITY SHALL BE UNLIMITED IN ANY CASE.
8. Privacy
During your use of the Services, you may receive confidential and/or proprietary information regarding us, our corporate group and/or the Services that are not known to the public (including, but not limited to, the Commissions, TAKK Travel Marketplace, Agency Marketplace and the terms of this Agreement) (“Confidential Information”). You agree that: (a) all Confidential Information shall remain the exclusive property of TAKK Travel; (b) you will use Confidential Information only to the extent reasonably necessary for your participation in the Services; (c) you will not disclose Confidential Information, directly or indirectly (including through a third party), to any person, company or other third party; And
(d) You will take all reasonable precautions to protect Confidential Information from any use or disclosure not expressly permitted by this Agreement.
9. Confidentiality; Data security. Each Party will ensure that the collection, use and disclosure of Customer Information obtained by it under this Agreement complies with Data Protection Laws. Neither Party will send unsolicited commercial email or other online communications (e.g., “spam”) to Customers. You will take all appropriate precautions to ensure the confidentiality of Customer Information in your possession and to protect such Customer Information from unauthorized use or disclosure. If either party shares any personal data (Customer Information or otherwise) with the other party pursuant to this Agreement, the following terms will apply:
9.1 Each Party will process personal data only in accordance with Data Protection Laws, including:
(a) process personal data lawfully, fairly and transparently in relation to data subjects;
(b) treat personal data as confidential and ensure that its employees treat personal data as confidential;
(c) process personal data only for limited and specific purposes;
(d) retain personal data for no longer than is necessary to achieve the purposes for which they obtained the personal data; And
(e) implement appropriate security measures to protect personal data, including appropriate technical and organizational measures to protect against unauthorized or unlawful processing and accidental loss, destruction or damage, including, inter alia: (i) personal pseudonymization and encryption of data; (ii) the ability to ensure the continued confidentiality, integrity, availability and durability of processing systems and services; (iii) the ability to restore availability and access to personal data in a timely manner in the event of a physical or technical incident; and (iv) a process for regularly testing, evaluating and evaluating the effectiveness of technical and organizational measures to ensure the security of processing.
9.2 If either party becomes aware of any inaccuracy in personal data received from the other party, it will notify the other party.
9.3 Each Party may transfer personal data outside the European Economic Area if it complies with the provisions of the Data Protection Laws on the transfer of personal data to third countries.
9.4 Each party shall hold the other party harmless from and against any and all claims, damages, penalties and any costs or charges for which it may be liable or for which it may be liable by reason of any default by the other party or its employees or agents. comply with any of its obligations under this Section 9 or any Data Protection Law.
10. Force majeure
We will not be liable for any delay or failure to perform any of our obligations under this Agreement due to causes, events or other matters beyond our reasonable control.
11. Entire Agreement; Changes; Disclaimer. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to such subject matter. We may change any of the terms and conditions contained in this Agreement (including any of the Terms of Service) at any time and in our sole discretion. Any changes will be effective upon posting of such changes on the TAKK Travel Partner Program platform or notification to you in any way, and it is your responsibility to review and inform yourself of any applicable changes or notices. YOUR CONTINUED USE OF ANY SERVICE AFTER TAKK TRAVEL PUBLISHES ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE.
ANY SUCH MODIFICATION OR CHANGES. No waiver of any right hereunder shall in any event constitute a waiver of any future right unless the waiver is stated in writing. Any amendment, modification or waiver pursuant to this Section will be binding on each Party and their respective successors and assigns.
12. No Assignment. You may not assign this Agreement or delegate any of its rights or obligations hereunder, in whole or in part, without TAKK Travel’s prior written consent. Any attempted transfer in violation of the foregoing will be null and void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of each party’s successors and permitted assigns.
13. Divisibility. If one or more provisions of this Agreement are determined to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. If the parties are unable to reach a mutually acceptable and enforceable modification to the provision: (i) the provision shall be excluded from this Agreement; (ii) the remainder of this Agreement shall be construed as if the provision had been so excluded; and (iii) the remainder of this Agreement will apply in accordance with its terms.
14. Promotion. You may not make a press release, advertisement or public statement regarding the existence of this Agreement, its content or the relations of the parties without the prior written consent of TAKK Travel. Notwithstanding the foregoing, TAKK Travel may publish a press release, advertisement or public statement identifying you as a TAKK Travel Partner Program member (or user of any of the Services).
15. Relationship of the Parties. The relationship created by this Agreement is that of independent contractors only, and the parties hereby acknowledge and agree that nothing in this Agreement shall constitute either party being an employee or agent of the other party. This Agreement shall not be construed as creating a partnership or any other type of joint venture. Neither party shall have any authority or authority, express or implied, to bind the other party or to assume or create any obligation or liability, express or implied, by or on behalf of the other party. You will not make any statements on your site or elsewhere that contradict anything in this section.
16. Notifications. Unless otherwise stated herein, all notifications to be made by you to TAKK Travel within the scope of this Agreement will be in writing and delivered to the address specified below and will be deemed to have been made upon receipt of such notifications. Notwithstanding the foregoing, TAKK Travel may send you notices in connection with changes to this Agreement or otherwise via email or other online messaging tools (such notices shall be deemed given at the time of posting/posting):
TAKK Travel, Konut Turizm A.Ş.
Zafer Mah. Haramidere Yolu Cd. No:28/C
Floor:23 No:438, Esenyurt / Istanbul / Türkiye
17. Dispute Resolution. Any dispute, claim or controversy arising out of or relating to this Agreement or a party’s obligation under this Agreement, whether in contract, tort, statute, fraud, misrepresentation or otherwise, shall be governed solely by Sections 17 and 18. will be resolved appropriately. legal theory. The English version of this Agreement will govern and all transactions conducted will be conducted in English.
18. Governing Law and Jurisdiction. This Agreement and the rights and obligations of the parties shall be construed in accordance with and governed by the laws of the Commonwealth of Istanbul. You consent to the exclusive jurisdiction and venue of the courts located in Istanbul, Turkey.
19. Definitions of General Terms
19.1 “Agency Marketplace” means TAKK Travel’s booking platform used by Agents (as defined in the applicable Terms of Service), accessible via takktravel.com or such other URL as TAKK Travel may update from time to time.
19.2 “Commission” means the commission payable to you by TAKK Travel as detailed in the applicable Terms of Service.
19.3 “Commission Rate” means the percentage of Commission specified in the applicable Terms of Service or specified in your TAKK Travel Partner Program Account.
19.4 “Customer” means the person purchasing the Travel Product in accordance with the applicable Terms of Service.
19.5 “Customer Information” means personally identifiable information about individual Customers, including name, address, telephone number, email address, date of birth, social security number, credit card information, driver’s license number, account numbers, PINs and/or passwords. means information, and
Other information that can reasonably identify a person or entity.
19.6 “Data Protection Laws” means all applicable laws, regulations and standards relating to data protection and privacy, including but not limited to Regulation (EU) 2016/679.
19.7 “End User” means the person using the Affiliate Site.
19.8 “Minimum Payment Threshold” means fifty U.S. dollars ($50.00).
19.9 “Participation Data” means any information, analysis, content and/or intelligence made available to you through your use of the TAKK Travel Partner Programme.
19.10 “Partner Site” means any website, platform, channel and/or application owned, operated and maintained by you.
19.11 “Booking” means the purchase of the Travel Product by the Customer.
19.12 “Retail Price” means the retail price for selling a Travel Product to the Customer through the TAKK Travel Marketplace.
19.13 “Supplier” means the third party provider of the Travel Product.
19.14 “Travel Product” means a travel and/or tourism related tour, excursion, event, venue, ticket, experience and/or related service.
19.15 “Travel Product Information” means any information regarding the Travel Product provided to you by TAKK Travel under this Agreement.
19.16 “Unwanted Material” means material that a reasonable person may consider offensive or that is unlawful, defamatory or potentially defamatory, abusive or indecent, including but not limited to material containing expressions of bigotry, racism, sexism, ageism, hatred or profanity. means any external material. information relating to illegal activities, material that promotes harm or injury to any group or individual, material likely to be in breach of confidence, copyright, privacy or other rights, and/or prohibited content or content identified as potentially prohibited or unlawful under applicable law information about the materials that contain the laws of any jurisdiction.
19.17 “TAKK Travel Marketplace” means the online marketplace operated by TAKK Travel where Travel Products are marketed and can be purchased.
19.18 “TAKK Travel Terms and Conditions” means the terms and conditions hosted at https://www.takktravel.com or via such other link as TAKK Travel may specify on the TAKK Travel Marketplace or Agency Marketplace.
[A] TAKK TRAVEL AGENCY PROGRAM TERMS OF SERVICE
The TAKK Travel Agency Program is a Service that allows Agents (as defined in these Terms of Service) to access the Agent Marketplace to purchase Travel Products on behalf of Customers and/or send Referral Links to Customers to facilitate purchases. Earning Commissions from TAKK Travel Marketplace and TAKK Travel.
These Terms of Service are part of the TAKK Travel Partner Program Agreement, but unless specifically stated otherwise, they apply solely to your participation in the TAKK Travel Agency Program. Unless defined in these Terms of Service, all capitalized terms have the meanings assigned to them in the TAKK Travel Partner Program Agreement.
A-1 Sponsoring Agencies, Affiliated Agencies, and Non-Affiliated Agencies.
A-1.1 Overview. There are three categories of Agencies allowed by TAKK Travel to participate in the TAKK Travel Agency Program: Sponsoring Agencies, Affiliated Agencies and Non-Affiliated Agencies. If TAKK Travel permits you to allow Affiliated Agents to process Transactions under your TAKK Travel Partner Program Account, then you will be a Sponsoring Agent. If you have been invited by a Sponsoring Agent to register for use of the Agent Marketplace and/or have been authorized by a Sponsoring Agent to process Transactions in the Agent Marketplace account, then you are an Affiliate Agent. If none of the above categories apply to you, you are an Unaffiliated Representative.
A-1.2 Provisions Applicable to Sponsoring Agencies Only. If you are a Sponsoring Representative, you agree to the following:
A-1.2.1 Use of Your Agent Marketplace Account. You are responsible for all use of your Agent Marketplace account, including your Affiliated Agents’ access to or use of your account.
A-1.2.2 Commercial Terms and Commissions. You are also solely responsible for determining the trading terms between you and your Affiliated Agents with respect to Transactions entered into by such Affiliated Agents under your Agent Marketplace account, including the amount and payment terms applicable to commissions or other fees, if any. Affiliated Agents will look solely to you, and not TAKK Travel, for all payments related to Transactions executed under your Agent Marketplace account.
A-1.3 Terms Applicable to Affiliated Agencies Only. If you are an Affiliated Agent, you agree to the following:
A-1.3.1 Use of Sponsoring Agency’s Agency Marketplace Account. Your use of your Sponsoring Agency’s Agency Marketplace account is subject to (a) your Sponsoring Agency’s continued permission, (b) your Sponsoring Agency’s continued good standing under the TAKK Travel Agency Partner Program, and (c) your compliance with the terms of this Agreement. . You acknowledge and agree that your access to your Sponsoring Agency’s Agency Marketplace Account may be terminated by your Sponsoring Agency at any time, in its sole discretion.
A-1.3.2 Trade Terms and Commissions. You are solely responsible for determining the trading terms between you and your Sponsoring Agent with respect to Transactions entered into by you under the Agent Marketplace account, including the applicable amount and payment terms for commissions or other fees, if any. You will look solely to your Sponsoring Agency and not to TAKK Travel for all payments related to Transactions entered into by you under your Sponsoring Agency’s Agency Marketplace account.
A-1.3.3 Provisions Not Applicable to Affiliated Agencies. The following provisions of this Agreement do not apply to you: A-6 (Commissions; Payment) and A-9 (Insurance). You acknowledge and agree that the remaining provisions of this Agreement apply to you.
A-2 Redirect Links
A-2.1 TAKK Travel may make Referral Links available to you as described in this Agreement. You will not modify the Referral Links in any way. TAKK Travel will not be responsible for any errors in tracking Referred Transactions if you make or cause such a change. You acknowledge and agree that it is your responsibility to format all Referral Links correctly.
A-2.2 You will only publish or share Referral Links on your own website and/or social media pages/posts controlled by you. You may use Referral Links in emails, but only if such emails are sent to individuals who have given you express consent to receive such emails.
A-2.3 TAKK Travel may remove any or all of the Referral Links, request that you remove any or all of the Referral Links, or change any or all of the Referral Links at any time, without notice.
A-2.4 TAKK Travel
A-3 License
A-3.1 Subject to the terms and conditions of this Agreement, TAKK Travel grants you a royalty-free, worldwide, limited, non-assignable, non-sublicensable, transferable, non-exclusive license for the term of the agreement. These TAKK Travel Agency Program Terms of Service include accessing and using the Agency Marketplace and the TAKK Travel Marketplace and, subject to Section 3.1 of the General Terms, using, reproducing, distributing and displaying the Travel Product Information solely for the limited purpose of promoting and facilitating using for. Purchase of Travel Products by or on behalf of Customers.
A-4 Transactions
A-4.1 Transaction Confirmation. Upon completion of a Transaction, TAKK Travel will provide the Client (and/or you, as the case may be) with an electronic confirmation and Ticket for such Transaction.
A-4.2 Purchasing Conditions as a Customer Representative. You may enter into a Transaction on behalf of the Customer, provided that in each case you: (a) notify the Customer that the TAKK Travel Terms and Conditions will govern the Customer’s receipt and use of all Travel Products purchased in connection with such Transaction. provide all Travel Product Information applicable to such Travel Products for the purpose of effectively incorporating such Travel Product into the sales contract (as required by applicable law); and (b) you will not make or make any representations, warranties or other promises regarding a Travel Product beyond those contained in the TAKK Travel Terms and Conditions and the applicable Travel Product Information.
A-4.3 Payment for Transactions. TAKK Travel will be the seller of record for all Transactions, acting solely as the payment processing agent for the relevant Supplier, and will be responsible for collecting and collecting from Customers and/or you all amounts payable for Transactions. TAKK Travel will be responsible for all credit card merchant fees and credit card chargebacks related to the Transaction. TAKK Travel will be responsible for all payments made to Suppliers for Travel Products. TAKK Travel or the applicable Supplier will be responsible for the payment of any federal, state or local taxes imposed by applicable government agencies with respect to Transactions, other than any applicable taxes relating to your receipt of Commissions.
A-5 Support
TAKK Travel will provide email-based support to you and your Customers for the purpose of responding to and resolving issues regarding a Travel Product or Transaction.
A-6 Commissions; Payment
A-6.1 Subject to Sections A-6.2 and A-7, if you are a Sponsoring Agency or Non-Affiliated Agency, TAKK Travel will pay you a Commission of eight percent (8%) of the Retail Price of each included Travel Product. in a Transaction (including Referred Transactions), excluding all cancellations and partial or full refunds.
A-6.2 TAKK Travel may, at its sole discretion, enter into an incentive agreement with you regarding the additional fees payable to you pursuant to this Agreement.
A-6.3 Commissions will be paid via Electronic Funds Transfer or another method approved by TAKK Travel in the month following the calendar month in which each Travel Product purchased as part of a Transaction is made available. If the total amount of Commissions payable in any month is less than the Minimum Payment Threshold, payment will be suspended until the earlier of (a) the total amount of Commissions payable in the next calendar month (including any amount previously deducted). equal to or greater than the Minimum Payment Threshold or (b) termination of this Agreement.
A-6.4 You acknowledge and agree that it is your responsibility to provide TAKK Travel with accurate and complete payment information and that TAKK Travel has no obligation to pay you any Commission unless you provide such information.
A-7 Effect of Termination
Upon termination of these Terms of Service or this Agreement for any reason, all licenses and rights granted to you under the Agreement will immediately terminate and you will cease using Agent Marketplace and TAKK Travel Marketplace. You will not be entitled to receive any Commissions on Transactions occurring after the termination date. Notwithstanding the foregoing, in the event TAKK Travel terminates these Terms of Service or this Agreement due to your breach (or if TAKK Travel has reason to believe that such a breach has occurred), you will not be entitled to receive any Commission otherwise payable. After the termination date, including Transactions entered into prior to the termination date. Sections A-10 (Definitions), A-1.2 (Provisions Applicable to Sponsoring Agencies Only), A-1.3 (Provisions Applicable to Affiliated Agencies Only), A-6 (Commissions: Payment) and A-8 (Compensation) in any case will continue to be valid. termination or expiration of this Agreement.
A-8 Compensation
In addition to the indemnification obligations set out in the General Terms, if you are the Sponsoring Agent, such obligations will also apply to any and all claims, losses, liabilities, damages, fines, penalties, settlements, costs and expenses (including attorneys’ fees). Fees and court costs incurred or incurred by the TAKK Travel Indemnified Party in connection with any third party claim, suit, demand, action or investigation arising directly or indirectly out of or relating to any breach against the TAKK Travel Indemnified Party. (or any claim by any of your Affiliates that constitutes a breach of the Agreement.
A-9 Insurance
You will procure and maintain valid Public (Product) liability insurance (PLI) and errors and omissions insurance consistent with industry standards and with coverage limits required by applicable laws, rules and regulations. This type of insurance is available at an A.M. rate acceptable to TAKK Travel. will be provided through the insurance company. A best (or equivalent) financial strength rating of A-VII or higher and will include, but is not limited to, completed operations, general contract liability, and personal injury and advertising liability. You will add TAKK Travel as an additional insured to these insurance policies and provide all coverages described in this Section A-9 and a certificate of insurance evidencing the addition of TAKK Travel as an additional insured.
additional insured. Such insurance carried by you shall be the basis of any insurance carried by TAKK Travel and, if you are a Sponsoring Agency, such insurance will cover your Affiliated Agencies to the same extent as you. Notwithstanding the foregoing, TAKK Travel reserves the right to require certain additional coverage or increased coverage or waive the insurance requirements set forth above, and you will maintain your insurance at those levels upon TAKK Travel’s request. These scopes and limitations shall not constitute a limitation on your liability, if any, to TAKK Travel arising under this Agreement.
A-10 TAKK Travel Agency Service Definitions
A-10.1 “Affiliated Agent” means an Agent authorized by a Sponsoring Agent to use the Sponsoring Agent’s Agent Marketplace account to process Transactions, as further described in Section A-1.
A-10.2 “Agent” means a person acting in the course of business and as required by applicable law, marketing and/or arranging transportation, accommodation, tours or excursions to travelers, which may include acting as a booking agent. on behalf of such travelers.
A-10.3 “Commission” means the fee paid to a Sponsor Agent or Non-Affiliate Agent for each Transaction pursuant to these Terms of Service (including any additional fees that may be agreed upon between the parties pursuant to Section A-6).
A-10.4 “Referral Link” means a unique tracking link used to link to web pages on the TAKK Travel Marketplace that TAKK Travel may make available to you.
A-10.5 “Referred Transaction” means a Transaction concluded pursuant to Section A-2.4.
A-10.6 “Sponsoring Agent” means an Agent authorized by TAKK Travel to invite Affiliated Agents to register for access to the Agent Marketplace and to permit such Affiliated Agents to use such Sponsoring Agent’s Agent Marketplace account to process Transactions as further defined . In Section A-1.
A-10.7 “Ticket” means the electronic document provided by TAKK Travel to Customer in connection with the completion of a Transaction, which contains relevant information about the Travel Product(s) specified in the Transaction, which may include trademarks of TAKK Travel. (e.g. information regarding the booking) and that the Customer must present it to the relevant Supplier in order to use the Travel Product(s) in question.
A-10.8 “Transaction” means the purchase of a Travel Product pursuant to the terms of this Agreement by (a) you acting as the Customer’s agent or (b) a Customer through a Referral Link. on behalf of one or more passengers on a single itinerary and where the sale is made using access credentials on the Agency Marketplace (in case (a)) or TAKK Travel Marketplace (in case (b)), or by TAKK Travel to you (if you are a Sponsoring Agency or Non-Affiliated Agency) or other unique identifiers provided by a Sponsoring Agency (if you are an Affiliated Agency). A Referred Transaction is a type of Transaction.
A-10.9 “Non-Affiliated Agency” means an Agency that is not a Sponsoring Agency or an Affiliated Agency, as further described in Section A-1.
[B] TAKK TRAVEL PARTNERSHIP PROGRAM TERMS OF SERVICE
TAKK Travel Affiliate Program is a Service that allows you to publish and integrate Travel Products on a Partner Site owned and operated by you and create Reservations in exchange for payment of Commission on fulfilled reservations.
The TAKK Travel Affiliate Program may also allow you to participate by receiving a QR code (or other similar technology) and/or unique URL from TAKK Travel directing to a page on the TAKK Travel Marketplace where the Travel Products selected by you may be published (“Affiliate Microsite”) and Fulfillment of reservations made on such Affiliate Microsite through the relevant Travel Product Links may result in Commissions being paid to you.
These Terms of Service are part of the TAKK Travel Partner Program Agreement, but unless specifically stated otherwise, they apply solely to your participation in the TAKK Travel Partner Program. Unless defined in these Terms of Service, all capitalized terms have the meanings assigned to them in the TAKK Travel Partner Program Agreement.
B-1 License
B-1.1 General License. Subject to the terms and conditions of this Agreement, TAKK Travel grants you a royalty-free, worldwide, limited, revocable, non-assignable, non-sublicensable, non-assignable, non-exclusive license for the term of these agreements. The TAKK Travel Affiliate Program Terms of Service include the use, reproduction, inclusion, integration and display of Travel Product Information and Travel Product Links on the Partner Site solely for the purpose of promoting Travel Products to End Users, and the use of such End Users from the Partner Site to TAKK Travel Marketplace.
B-1.2 API License. TAKK Travel may (but has no obligation to) provide you with API Credentials to access one or more TAKK Travel APIs for the purpose of participating in the TAKK Travel Affiliate Program. If TAKK Travel agrees to provide you with a TAKK Travel API, such provision shall be governed by a royalty-free, worldwide, limited, revocable, non-assignable, non-sublicensable, non-assignable, non-exclusive license to use TAKK. Travel API to access and use Travel Product Information solely as set forth in Section B-1.1 during the term of these TAKK Travel Affiliate Program Terms of Service.
B-1.3 Additional API License Terms. If you are allowed to access one or more TAKK Travel APIs, you must:
(a) keep the API Credentials secure and you may not be able to ensure that the API Credentials are with any third party;
(b) you will use the TAKK Travel API only to participate in the TAKK Travel Affiliate Program as described in these Terms of Service and strictly in accordance with the API Documentation;
(c) comply with any restrictions on your use of the TAKK Travel API that TAKK Travel may determine from time to time;
(d) you must not do any of the following:
(i) distribute, sell, loan, assign, assign or sublicense licensed rights;
(ii) use the TAKK Travel API to monitor the availability, performance or functionality of the TAKK Travel API or the Service;
(iii) engaging in any activity that interferes with, disrupts, damages or gains unauthorized access to TAKK Travel’s or any third party’s servers, security, networks, data, applications or other property or services; or
(iv) modify, reverse engineer, copy or create derivative works of the TAKK Travel API or the Service or any aspect thereof.
B-1.4 Affiliate Microsite. From time to time, TAKK Travel may provide you with a QR code (or similar technology) and/or unique URL that directs you to an Affiliate Microsite (collectively, “Affiliate Microsite Links”). In such cases, you may only share Affiliate Microsite Links with customers you believe may be interested in Travel Products bookable on the Affiliate Microsite.
B-1.5 Partner Site. You may not cause or permit the display or use of any Travel Product Information or Travel Product Links through any website, channel, platform or system other than the Partner Site. You will ensure that the Partner Site is not used to send, receive, upload, download, use or re-use any Unsolicited Material.
B-2 Linked Transactions
B-2.1 Connected Transactions. Upon completion of a Connected Transaction, TAKK Travel will provide the relevant Customer with an electronic confirmation and Ticket for such Connected Transaction. TAKK Travel will be the merchant of record for all Affiliated Transactions.
B-3 Commissions; Payment
B-3.1 Subject to (a) any credit, cancellation or refund relating to a Connected Transaction and (b) Section B-4 of these Terms of Service, TAKK Travel will pay you a Commission for each Connected Transaction.
B-3.2 The Commission Rate will be based on a percentage of the Retail Price received by TAKK Travel for each Travel Product booked by the Customer (excluding all cancellations and partial or full refunds). Commission Rate will be as stated in your TAKK Travel Partner Program Account.
B-3.3 Commissions will be paid by Electronic Funds Transfer or another method approved by TAKK Travel in the month following the calendar month in which each Travel Product purchased as part of the Connected Transaction is used. If the total amount of Commissions payable in any month is less than the Minimum Payment Threshold, payment will be suspended until the earlier of (a) the total amount of Commissions payable in the next calendar month (including any amount previously deducted). equal to or greater than the Minimum Payment Threshold or (b) termination of this Agreement.
B-3.4 You acknowledge and agree that it is your responsibility to provide TAKK Travel with accurate and complete payment information and that TAKK Travel has no obligation to pay you any Commission unless you provide such information.
B-4 Effect of Termination
Upon termination of these Terms of Service or this Agreement for any reason, all licenses and rights granted to you under the Agreement will immediately terminate and you will cease using the Travel Product Links, Travel Product Information, TAKK Travel APIs, Affiliate Microsite Links. and Affiliate Microsite. You will not be entitled to receive any Commissions with respect to Affiliate Transactions occurring after the date of termination. Notwithstanding the foregoing, if TAKK Travel terminates these Terms of Service or this Agreement due to your breach (or if TAKK Travel has reason to believe that such a breach has occurred), you will not be entitled to receive any Commission otherwise payable. after the date of termination, including any Subsidiary Transactions entered into prior to the date of termination.
B-5 TAKK Travel Affiliate Service Definitions
B-5.1 “Affiliate Transaction” means a Reservation made by the Customer on behalf of one or more passengers on a single itinerary, made on the TAKK Travel Marketplace after clicking on the Partner Site or Travel Product Link on the Partner Site. Affiliate Microsite (such click does not necessarily have to be on the TAKK Travel Product subsequently booked on the TAKK Travel Marketplace), within a validity period of thirty (30) days after a cookie is placed on the Customer’s device after visiting the Affiliate Site or the Affiliate Microsite.
B-5.2 “API Credentials” means credentials that allow you to make authenticated requests to the TAKK Travel API.
B-5.3 “API Documentation” means the technical documentation provided to you by TAKK Travel (which may be updated by TAKK Travel from time to time), setting out the terms under which the TAKK Travel API must be used.
B-5.4 “Travel Product Links” means HTML links made available to you by TAKK Travel that are intended to connect End Users from the Partner Site to the TAKK Travel Marketplace.
B-5.5 “TAKK Travel API” means an application programming interface owned by TAKK Travel.
