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These Terms and Conditions (the “Terms”) govern the participation of any individual (the “Creator”) in the El Dorado UGC Community (the “Program”), a content-creation program operated by El Dorado Labs PY Inc., a company incorporated under the laws of the Republic of Panama (“El Dorado”, the “Company”, “we”).
Applying to the Program, electronically accepting these Terms, and/or delivering any Content to El Dorado constitute the Creator’s full, free, and unreserved acceptance of these Terms. If the Creator does not agree with these Terms, the Creator must not participate in the Program or deliver Content.
For purposes of these Terms, the following terms shall have the meanings set out below, whether used in the singular or the plural:
• El Dorado / the Company: El Dorado Labs PY Inc. and its affiliates, subsidiaries, and related companies.
• Creator: The natural person, of legal age and with legal capacity, who participates in the Program by producing and delivering Content in accordance with these Terms.
• Program / Community: The El Dorado UGC Community, the initiative through which Creators produce and deliver Content relating to El Dorado, its products, features, campaigns, and use cases.
• Content / UGC Video: Any audiovisual material, video, or other content piece created by the Creator and delivered to El Dorado under the Program, including the Creator’s image, voice, and participation appearing therein.
• Approved Content: Content that, following its review, El Dorado deems in its sole discretion suitable for use and for which it notifies its approval to the Creator.
• Guidelines: The set of brand, communication, and compliance guidelines, briefs, instructions, and marketing “do’s and don’ts” documents that El Dorado provides or makes available to the Creator, which form an integral part of these Terms and may be updated by El Dorado.
• Live / Livestream: The real-time broadcast in which the Creator participates on behalf of El Dorado, where applicable and previously coordinated.
• El Dorado Account: The Creator’s account or wallet within the El Dorado platform, active and with completed identity verification (KYC), through which payments are made.
• USDT: The stablecoin Tether (USDT), the currency in which Program payments are made.
• Payment Period: Each of the twice-monthly periods for which the consideration is settled in accordance with Clause 8.
• Privacy Policy: El Dorado’s personal data processing policy, available at https://eldorado.io/legal/privacy-policy.
The purpose of the Program is for Creators to produce, deliver, and make available to El Dorado UGC-type Content (user-generated content) relating to El Dorado, its products, features, campaigns, and use cases, in exchange for consideration for each piece of Approved Content, under the terms and conditions set out herein.
The Program operates under a pay-per-Approved-Content model. Participation does not constitute or imply exclusivity, a salary or fixed monthly remuneration, or any employment relationship with El Dorado.
3.1 Natural persons of legal age and with full legal capacity, resident in any of the countries where El Dorado provides its services, may participate as Creators.
3.2 To participate and, in particular, to receive any payment, the Creator must hold an active El Dorado Account with duly completed identity verification (KYC). El Dorado may reject a Creator’s enrollment or suspend payments if such verification is not complete or current.
3.3 Enrollment in the Program is not a right: El Dorado reserves the power to accept or reject applications at its sole discretion.
4.1 The Creator participates in the Program on an independent and autonomous basis. Nothing in these Terms constitutes, or may be construed as, an employment, dependency, subordination, partnership, agency, representation, joint venture, or mandate relationship between the Creator and El Dorado.
4.2 The Creator freely determines the means, timing, place, and manner of producing the Content, bearing its own costs, risks, and resources, without being subject to a schedule, working hours, or instructions typical of an employment relationship, beyond the Guidelines applicable to the result.
4.3 The Creator does not receive any salary, year-end bonus (aguinaldo), vacation, severance, occupational-risk (workers’ compensation / ART) coverage, or any labor or social-security benefit from El Dorado. The consideration is limited to payment for Approved Content in accordance with Clause 8.
4.4 Each party is solely and separately responsible for complying with its own tax, fiscal, pension, and social-security obligations arising from its activity. El Dorado does not require the submission of invoices or tax receipts as a condition of payment; this does not release the Creator from declaring and paying taxes on the amounts received under the regulations of its jurisdiction.
4.5 The Creator declares that it is not economically dependent on El Dorado and that it is free to provide services or create content for third parties, including competitors, save as regards the confidentiality obligations in Clause 12.
Throughout its participation in the Program, the Creator undertakes to:
• Produce and deliver a minimum of four (4) Videos per calendar month, and may deliver additional Content with no maximum limit.
• Comply with the brand, communication, and compliance Guidelines and with any brief or instruction provided by El Dorado.
• Deliver the Content in the formats, technical specifications, and timeframes indicated by El Dorado.
• Refrain from engaging in the conduct prohibited in Clause 6 and guarantee the originality and lawfulness of the Content in accordance with Clause 11.
• Keep its El Dorado Account active and verified throughout its participation.
6.1 All Content must conform to the Guidelines that El Dorado makes available to the Creator, including the marketing “do’s and don’ts” documents. Such Guidelines form an integral part of these Terms.
6.2 The Content is expressly prohibited from:
• Promising, guaranteeing, suggesting, or implying yields, gains, returns, appreciation, or economic results of any kind arising from the use of El Dorado’s products or services.
• Constituting, or being reasonably capable of being interpreted as, investment, financial, accounting, legal, or tax advice or recommendation.
• Stating or suggesting that El Dorado’s products or services are risk-free, or minimizing the risks associated with digital assets.
• Containing false, misleading, or exaggerated statements or statements that may mislead the public.
6.3 The Creator is responsible for complying with the applicable regulations in its jurisdiction of residence and in those to which it directs the Content, including, where applicable, any obligation to disclose or identify advertising content or paid partnership, as well as the regulations on advertising and on the promotion of financial services and digital assets.
6.4 El Dorado may request adjustments or corrections to the Content before approving it, and may reject any Content that does not conform to the Guidelines or these Terms.
7.1 El Dorado has the final decision, at its sole and exclusive discretion, on the approval of each piece of Content.
7.2 Only Approved Content — that is, Content that El Dorado, following its review, deems suitable for use — shall give rise to payment. Content that is not approved, or that is not published or used by El Dorado, shall not be considered for payment nor generate any right to consideration, recognition, or compensation in favor of the Creator.
7.3 The delivery of Content does not, by itself, create any payment obligation. Payment is conditional upon approval in accordance with this Clause.
8.1 Rate. The initial rate is USDT 10 per Approved Video. By way of illustration: 4 approved videos = USDT 40; 6 approved videos = USDT 60; 10 approved videos = USDT 100.
8.2 Additional Content. Once the monthly minimum is met, the Creator may deliver additional Content; each additional piece will be reviewed and, if Approved, paid at the applicable rate.
8.3 Rate changes. El Dorado may modify the rate, increasing or decreasing it, according to its internal decisions. Any change will apply only to future Content and will be communicated to the Creator in advance.
8.4 Currency and means of payment. Payments are made in USDT, exclusively into the Creator’s El Dorado Account.
8.5 Condition of payment. No payment will be made while the Creator does not hold an active El Dorado Account with complete and current identity verification (KYC).
8.6 Frequency and dates. Payments are made twice a month, with the 15th and the last day of each month as the latest payment dates. Such dates operate as limits: El Dorado may pay earlier if it so decides. Each Payment Period covers the Approved Videos and, where applicable, the Live hours performed and validated for the period.
8.7 Nature of payment. Payment corresponds solely to Approved Content and does not constitute a salary, fixed monthly remuneration, or consideration of a labor nature.
8.8 Taxes. The Creator is solely responsible for the taxes, fees, and contributions applicable to the amounts received.
9.1 Where applicable, the Creator may participate in El Dorado Lives. Participation in Lives is optional and is not part of the monthly Video minimum.
9.2 The initial rate for Lives is USDT 4 per hour actually performed and validated by El Dorado.
9.3 A Creator participating in the Lives module will perform a minimum of four (4) Live hours per week, and may perform additional hours with no established maximum, provided they are coordinated in advance with the El Dorado team and aligned with its needs and Guidelines.
9.4 Any change to the rate, number of hours, or conditions of the Lives will be agreed in advance between the Creator and El Dorado.
10.1 Assignment during the term. With respect to all Approved and paid Content, the Creator assigns to El Dorado, on an exclusive and worldwide basis, all economic copyright over such Content — including, without limitation, the rights of reproduction, distribution, public communication, making available, transformation, editing, adaptation, and creation of derivative works — for the entire duration of the Program and of the Creator’s participation in it.
10.2 Media and channels. The assignment covers the use of the Approved Content across all of El Dorado’s channels and media, including by way of example: social media; digital advertising and paid media; owned websites and platforms; marketing campaigns; emails and communications; commercial material; and adaptations or new versions of the Content.
10.3 Survival over already-deployed Content. Notwithstanding the time limitation in Clause 10.1, with respect to Approved Content that El Dorado has published, disseminated, placed as paid media, or incorporated into any campaign or material during the term, the assignment shall survive indefinitely for those pieces and uses already deployed. Termination of the Program or of the Creator’s participation does not require El Dorado to withdraw, take down, or cease using such Content or the material derived from it.
10.4 Moral rights. The Creator retains such moral rights as are inalienable under applicable law; to the extent permitted by such law, the Creator authorizes the editing, adaptation, and modification of the Approved Content and waives any objection to such uses by El Dorado.
10.5 Reversion. Except for the Content covered by Clause 10.3, the rights over the Approved Content revert to the Creator upon termination of the Program or of its participation.
11.1 Use of image and voice. The Creator authorizes El Dorado to use its image, voice, name, and participation as they appear in the Approved Content, with the same scope, territory, and term set out in Clause 10, including the indefinite survival with respect to already-deployed Content.
11.2 Creator’s warranties. The Creator represents and warrants that:
• The Content is original and its own work, and it holds all rights necessary to assign it in accordance with these Terms.
• It has obtained all licenses, authorizations, and consents necessary in respect of music, trademarks, works, and locations, as well as of any person appearing in, or whose image, voice, or data is used in, the Content.
• The Content does not infringe intellectual property, image, or privacy rights or any other third-party right, and does not violate any law or regulation.
11.3 Indemnity. The Creator shall hold El Dorado harmless against any claim, demand, penalty, damage, loss, or expense (including reasonable legal fees) arising from the breach of the foregoing warranties or of any obligation under these Terms.
12.1 The Creator may have access to non-public El Dorado information, including campaigns, products, features, briefs, strategies, and materials not yet disclosed (the “Confidential Information”).
12.2 The Creator undertakes to keep the Confidential Information strictly confidential, not to disclose it to third parties, and not to use it for purposes other than its participation in the Program. This obligation survives the termination of the Creator’s participation.
The processing of the Creator’s personal data is governed by El Dorado’s Privacy Policy, available at https://eldorado.io/legal/privacy-policy. By accepting these Terms, the Creator declares that it is aware of and accepts such Policy and consents to the processing of its data in accordance with it.
14.1 The Program has no fixed term. The Creator participates for as long as both parties remain interested and these Terms are complied with.
14.2 El Dorado may modify, suspend, or terminate the Program at any time.
14.3 El Dorado may remove a Creator from the Program at its discretion, by notice to the Creator. Grounds for removal include, among others: failure to meet the monthly Video minimum, breach of the Guidelines or of these Terms, and any conduct that creates reputational, legal, or compliance risk for El Dorado.
14.4 Termination does not affect obligations already accrued or clauses that by their nature must survive, including those relating to intellectual property and survival over already-deployed Content (Clause 10), warranties and indemnity (Clause 11), and confidentiality (Clause 12).
El Dorado may amend these Terms at any time. Amendments will be communicated to the Creator and will apply to future Content and participation. The Creator’s continuity in the Program after an amendment is communicated implies its acceptance.
Participation in the Program does not imply exclusivity, a monthly salary, or an employment relationship with El Dorado. The Creator retains full freedom to carry out its activity independently, subject to the confidentiality obligations and to these Terms.
To the maximum extent permitted by applicable law, El Dorado shall not be liable for indirect, incidental, or punitive damages or lost profits arising from participation in the Program. El Dorado’s total liability to the Creator is limited, in all cases, to the amounts actually owed for Approved Content pending payment.
These Terms are governed by the laws of the Republic of Panama. Any dispute arising out of or relating to these Terms shall be submitted to the jurisdiction of the competent courts of Panama City, with waiver of any other venue that might apply.
19.1 Entire agreement. These Terms, together with the Guidelines and the Privacy Policy, constitute the entire agreement between the parties regarding the Program and supersede any prior understanding.
19.2 Severability. The invalidity or unenforceability of any clause shall not affect the validity of the remaining ones.
19.3 No waiver. El Dorado’s failure to exercise any right does not constitute a waiver thereof.
19.4 Assignment. The Creator may not assign its position under these Terms. El Dorado may assign it to its affiliates or related companies.
19.5 Notices. Communications will be made through the electronic means indicated by El Dorado, including those associated with the Creator’s El Dorado Account.
19.6 Language. The Spanish version of these Terms prevails; any translation is provided for informational purposes only.
By applying to the Program, electronically accepting these Terms, and/or delivering Content, the Creator declares that it has read, understood, and fully accepted these Terms and Conditions of the El Dorado UGC Community.
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