Diving center, Producers, Press, Divers

        COOPERATION CONTRACT

concluded between: 

I live in water joint-stock company with its registered office in Piła, at Kasztanowa 5A Street, 64-920 Piła entered into the Register of Entrepreneurs of the National Court Register maintained by the Commercial Court in Poznań: District Court Poznań - NoweMiasto and Wilda in Poznań, IX Commercial Department of the National Court Register under KRS number: 0000692593 

represented by SławomirŚledzik – Chairman of the Board of the Company 

hereinafter referred to as the Company (also “the Contractor”) 

and 

Partner (hereinafter also referred to as the “Orderer”) 

collectively referred to as the "Partners”

 Whereas: 
1.	the aim of the Company is to create a solid cooperation platform for the development of recreational diving in Europe and the rest of the world, and the created website www.iliveunderwater.com that will be the foundation for this development; 
2.	within the scope of its activity, the Company deals with broadly understood cooperation with natural and legal persons for the development of recreational diving in Europe and in the rest of the world; 
3.	The Partners declare that they have the experience and skills necessary to provide services covered by this Contract and are interested in cooperating in the promotion of these services;

The Partners decided to cooperate on the principles set out below:

This Contract is treated by the Partners as a cooperation agreement, the scope of which the Partners may each time extend by written detailed agreements.

§ 1 Definitions

Contract - this agreement in the scope of promoting the activities carried out by the Partners together with all attachments and annexes;
Website - an online information service about diving managed by the Company, which includes: location of, diving centers and dive sites (lakes, wrecks, quarries, caves, mines) on which advertising and promotional content covered by an individual order will be displayed;
Subscription package - elements posted on the Platform in the form of a specific subpage consisting of a description of a specific diving centre run by the Partner, information on the activity of a given diving centre, in example a description of the diving centre, price lists, diving service and rental service, shopping service, dive sites and diving trips, photo gallery, video gallery, maps of the location of the centres, link to the website, fanpage, social channels and youtube diving centers, contact details;
Partner / Orderer - an entity conducting business in the field of organizing tourist trips, diving courses, training and other events whose main purpose is diving, using the services provided by the Company after accepting the registration application available on the Website www.iliveunderwater.com. The Partner's status is acquired upon the creation of an account on the www.iliveunderwater.com portal, acceptance of the regulations for the provision of services to the Organizers and confirmation of reading the content of this Contract.
Subscription fee - payment for placing information from the Subscription package on the website www.iliveunderwater.com;
Advertising material - information about the activities carried out by the Partner, made available for promotion on the website;
Work - a product of human activity according to the Act of 4th of February 1994 on copyright and related rights.

§ 2 Subject of the Contract

The subject of the Contract is the provision of promotional services to the Partner by the Contractor, consisting in posting on the website www.iliveunderwater.com information about the Partner's diving activities, in example the diving centre run by the Partner, on terms and conditions provided for in this Contract for remuneration.

§ 3 Place and manner of service provision

1.	In order to perform the services specified in § 2 of the Contract, the Partners undertake to communicate with each other in an individually determined manner.
2.	The Contractor undertakes to provide the service to the Orderer independently or through third parties. For the actions and omissions of third parties, the Contractor shall be liable towards the Orderer as for his own.
3.	The Orderer undertakes to cooperate in the performance of the Contract in person or with the participation of third parties, and in particular undertakes to provide the Contractor with necessary documents and information. The Orderer is responsible for the truthfulness, reliability of the information, data and materials provided, as well as for the fact that they do not infringe the rights of third parties.
4.	The Contractor shall not be liable for delays in the performance of the service, if such performance depends on the cooperation of third parties on the side of the Orderer.
5.	Partners are obliged to perform their duties with due diligence and the best knowledge and to protect the interests of the other party in the scope of activities entrusted to them.
6.	The Partners undertake to inform each other about difficulties and obstacles encountered during the performance of the subject of this Contract, as well as to cooperate with the other party in resolving any disputes arising during the performance of the provisions of this Contract.

§ 4 Subscription package


1.	As part of the subscription package, the Contractor provides:
a)	placing on the Website diving centers – the Partner’s diving centers.
b)	maintaining a subpage on its Website at www.iliveunderwater.com, which will contain a description of a specific diving center run by the Partner, in example, a description of the diving centre, price lists, diving service and rental service, shopping service, dive sites and diving trips, photo gallery, video gallery, maps of the location of the centres, link to the Partner’s website, fanpage, social channels and youtube diving centers, contact details;
c)	mail and telephone service of the Orderer regarding the content posted on the Website.
2.	The Orderer has the right to send in order to place on the Website:
a)	10 images in jpg, bmp format.
b)	a link to the video promoting the diving centre or another selected by the Partner in the youtube or video format.
3.	At the Partner's request, it is possible to change the template of the subpage, or a significant modification of it to the individual needs of the Partner. Then, the subscription fee is set individually with the Partner and may exceed the amount specified in § 6 of the Contract.
4.	The Customer is obliged to send via email to: divingcenters@iliveunderwater.com advertising materials referred to in point 1 within 3 days from the day of signing this Contract. Subsequent sending of advertising materials does not exclude the obligation to make a subscription fee.
5.	The Customer has the right to change the content of information posted on the Website www.iliveunderwater.com as part of the subscription fee 1 times a month. Along with a request to change the data, the Partner should send an email to: divingcenters@iliveunderwater.com the content of the proposed changes. The change of data more often than 1 times a month, may involve the necessity of making an additional payment about which the Contractor is obliged to inform the Partner in response to an email about the introduction of new data or modifications of the existing ones.
6.	The Contractor reserves the right to refuse to place materials when there are no technical conditions to provide the service. Modification of changes or introduction of new content should take place within 3 days from the date of sending by the Orderer content to be posted on the Website.
7.	The Contractor has the right to refrain from publishing materials on the Website until the subscription fee is paid.

§ 5 Duration of the Contract and termination

1.	This Contract is concluded for a definite period of time, for a period of one year from the conclusion of the contract, with the possibility of its each renewal for subsequent years. The extension takes place automatically if the Orderer fails to submit a written or e-mailed declaration of non-extension of the contract within 1 month.
2.	The contract may be terminated at any time by agreement of the Partners, expressed in writing.
3.	In the event of termination of the Contract, the Contractor is not obliged to return the subscription fee paid regardless of the moment of signing the agreement on termination of the contract.
4.	The Contractor has the right to withdraw from the Contract in the event of default by the Orderer in payment of the subscription fee for 1 month. Withdrawal does not have to be preceded by a written request to settle the amount due.

§ 6 Service fee

1.	The Partner for the provision of the services stipulated in this Contract and specified in § 3 of the Contract will pay the Contractor a predetermined amount estimated in accordance with the principles set out in point 2 below.
2.	The final amount for the service will be determined each time during the Partner registration process at www.iliveunderwater.com and will depend on the facilities selected by the Partner during registration related to the service provided.
3.	The Contract is concluded when the Orderer register an account at www.iliveunderwater.com, accepting by marking the appropriate place in the contact form confirming that the Partner has read the contents of this Contract and such accept.
4.	Conclusion of the contract, in accordance with the principles set out in point 3 above results in the obligation to make the payment specified on the registration form on that day and to send the confirmation of payment to the e-mail address divingcenters@iliveunderwater.com.
5.	In the event of default by the Orderer with the payment of the subscription fee, the Contractor may suspend the performance of the service by concealing the visibility of the subpage of the Orderer on the website www.iliveunderwater.com. The view of the subpage of the Orderer will be unlocked after subscription fee payment. If it is necessary to suspend the view of the subpage and then unblock it, the Orderer will pay the Contractor an additional activation fee in the amount of one month subscription fee.

§ 7 Obligations of the Partners

1.	The Orderer provides and guarantees that:
a)	his activity is in accordance with the polish law,
b)	the designs offered by the Orderer, as well as the services provided by him, advertising materials, trademarks, service marks, distinguishing marks, names, and other markings, delivered to the Contractor to use, shall not violate any rights of third parties (in particular rights to inventions, trademarks, works within the meaning of copyright and related rights, and will not violate the provisions on unfair competition),
2.	In the event of a third party submitting claims for the above, the Contractor shall immediately notify the Orderer. The Orderer shall return to the Contractor all reasonable costs incurred in the execution of such claims. Notification by the Contractor may be made in any form permitted by law.
3.	The Orderer declares that he has permission to distribute the image of people in the pictures and videos posted on the subpages on the Website www.iliveunderwater.com.
4.	The Contractor is not responsible if the subpage cannot be displayed due to poor quality of the user's internet connection.
5.	The Orderer is obliged to inform the Contractor about each change of his data contained in the contract. In the event of failure to inform about the change of address or other data, all correspondence sent by the Contractor to the Orderer address will be considered effectively delivered.
6.	The Contracting party agrees to the storage and processing of personal data by the Contractor for the purposes necessary to carry out the activities related to the provision of services covered by this Contract and acknowledges that has the right to access his data and the right to correct and update them.

§ 8 Copyright property rights

1.	The Orderer assures that the texts transmitted to the Website are his authorship and such texts do not violate the copyrights of third parties.
2.	The Contractor is entitled to use the Works created in performance of this Contract, including the Partner's to present his achievements, including by disseminating information contained on the Partner's subpage at festivals, fairs, without territorial or temporal limit.
3.	The Contractor has the right to inform potential Partner's clients about the Partner's offer, in particular by: indicating the address of the subpage referred to in § 4 point 1b.
4.	The Contractor has the right to use the information provided on the Partner's subpage to present his achievements (for marketing purposes) in the following fields of use:
a)	as regards the preservation and reproduction of the Work - production of a specific workpiece, including printing, reprographic, magnetic recording and digital technology;
b)	as regards trading in the original or copies on which the Work has been recorded - placing on the market;
c)	for the dissemination of the Work - public performance, displaying, displaying, reproducing and broadcasting and reemitting, as well as making the Work available to the public in such a way that everyone can have the access to it in a place and time chosen by them.
5.	The Partner authorizes the Company to use the Partner’s logo (logotype) and information referred to in paragraph 3 on the subpage referred to therein, as well as authorizes the Company to use the logo and the above-mentioned Partner data otherwise needed to perform the subject of the Contract, in particular through their distribution in any form, including the Internet, in advertising, marketing and commercial materials;
6.	The Company agrees to place the logo of the www.iliveunderwater.com Website and other information related to the Website on the Partner’s  or run by him diving centers website. As well as the Company authorizes the Partner to use the logo otherwise needed to promote the Website, in particular through its distribution in any form, including the Internet, in advertising, marketing and commercial materials with prior consent expressed in writing by the Contractor.
7.	The Partners have the right to disclose the fact and subject of cooperation for marketing purposes and to use the name "Partner" to inform about cooperation with the other party.

§ 9 Final provisions

1.	In matters not covered by this Contract, the provisions of the Polish Civil Code and provisions of the Regulations for the Provision of Services to the Organizers available on the Website www.iliveunderwater.com shall apply.
2.	The place of jurisdiction for examining disputes arising from the Contract is the court of general jurisdiction of the place of the Contractor's seat.
3.	All changes and additions to this Contract must be made in writing in order to be valid.
4.	In the case of invalidity of some provisions of the Contract, the Partners undertake to replace it with other important provisions taking into account the purpose of the Contract.
Free

Free

Pro

124.99 € /365days

Tour

69.99 € /365dni

Free

Free

Pro

124.99 € /365days

Tour

69.99 € /365dni

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