Download App
SPECIFIC MANDATE CONTRACT
Among the subscribers, namely:
1. The natural person of legal age who signs this CONTRACT by electronic means as the Principal (hereinafter "THE PRINCIPAL"); and
2. EL DORADO SV SA DE CV, a company legally incorporated in El Salvador, which signs this CONTRACT through electronic means as the Agent (hereinafter “THE AGENT” and together with THE PRINCIPAL the “PARTIES”), has decided to enter this private contract of specific mandate (the “CONTRACT”), subject to the following:
CONSIDERATIONS
(i) THE PRINCIPAL has sufficient legal rights to issue the agreed-upon mandate.
(ii) The MANDATORY is a legal entity with expertise and experience in cryptocurrency services, especially Stablecoins.
(iii) That the PARTIES intend that THE MANDATE will carry out, on behalf of THE PRINCIPAL, the necessary activities that allow for the execution of a Swap and obtaining different tokens that give access to protocols with varying types of underlying assets that can generate profits.
(iv) That the PARTIES were connected through the SuperApp owned by THE AGENT, through which the PRINCIPAL will carry out all specific orders to the AGENT and will be covered by the CONTRACT.
Based on the preceding, the PARTIES have decided to sign this AGREEMENT, which the applicable law and the following clauses will govern:
FIRST: DEFINITIONS.
1. APY: Figure representing the actual amount of interest generated on investments and savings
2. Wallet: A crypto wallet is a software or physical device that allows users to store, send, and receive crypto assets.
3. United States Treasury Bonds: The United States government-issued debt instruments.
4. Earnings: This refers to the rate of return an investor can expect to earn from their investments in crypto assets or DeFi products. The yield is typically expressed as an annual percentage, known as the Annual Percentage Rate (APY).
5. Digital Asset Exchange ("Swap"): A procedure that allows one cryptocurrency to be exchanged for another within the identical blockchain or between different cryptocurrencies directly and rapidly, leveraged on Smart Contracts. This definition includes the definition of Bridge, which consists of a procedure allowing cryptocurrency exchange from one blockchain to another.
6. Applicable Law: Means any laws, statutes, regulations, ordinances, treaties, guidelines, policies, and laws issued by any governmental or regulatory authority of El Salvador.
7. Mountain Protocol: This financial protocol offers USDM, a stablecoin fully collateralized by US Treasury bonds.
8. Peer-to-peer (P2P): Peer-to-peer (P2P) refers to the technology and processes that enable the direct transfer of digital assets between two parties without the intervention of a centralized intermediary.
9. Platform: El Dorado APP
10. Available Protocol(s): Any software and code, including but not limited to smart contracts, wallets, DeFi Protocols, DEX Aggregator Protocols, or any other similar protocol built on a compatible blockchain network.
11. Blockchain networks: Blockchain networks are digital infrastructures that enable the creation and maintenance of immutable transaction records.
12. Self-custodial wallet: A digital wallet in which only the holder owns and controls the private keys. As a User, you are solely responsible for the security and access to your assets.
13. SuperApp: El Dorado's mobile app. App with different products related to cryptoassets, including a P2P market, El Dorado Gana and others that may be added.
14. USDT: Tether is a stablecoin widely used in the crypto asset ecosystem. Its value is linked to the US dollar.
15. Yields: These refer to the profits generated from investing in digital assets. In other words, users can deposit their assets and receive interest or returns, denominated in tokens or crypto assets, as a return on their participation.
SECOND: OBJECT - THE MANDATORY undertakes to THE PRINCIPAL to autonomously and independently provide the virtual asset exchange and connection and facilitation services to the decentralized finance protocols available in the SuperApp in exchange for a determinable remuneration that will be reported in the SuperApp. The Mandatory undertakes to execute all actions necessary for the intermediation and facilitation of connection with said protocols, including, but not limited to, carrying out transactions, participating in liquidity pools, carrying out Swaps, or exchanging virtual assets to obtain tokens from the decentralized finance protocols, always by the instructions and guidelines provided by the Principal.
THIRD: DURATION - This mandate has an indefinite validity, counted from the date of your first deposit in El Dorado Gana. While this mandate is in force, all operations and orders made by THE PRINCIPAL are understood to be included in the Contract. Reaffirming or signing different contracts to place orders and instructions will not be necessary. Either Party may terminate this CONTRACT unilaterally by giving prior written notice, including by electronic means, immediately during the Contract term to the other PARTY in the event of early termination of this CONTRACT.
FOURTH: Relationship between the Parties: The contractual relationship established under this Contract is exclusively commercial. The Parties expressly state that they do not intend to create any type of joint account, commercial agency, commission, employment, or intermediation relationship or to establish any corporate or associative form since their functions are limited to the obligations established in this Contract.
Neither Party to this Agreement shall be liable for any contractual or extra-contractual obligations of the Other Party. Neither Party shall have any legal, contractual, or employment relationship with any personnel, subcontractors, or third parties employed or contracted by the Other Party for the performance of this Agreement, such that the remuneration, salaries, benefits, and any other consideration payable to such persons shall be the exclusive responsibility of the Party that hires them.
It is expressly noted that the Parties have negotiated this Agreement voluntarily and on an equal footing and that it is governed by good faith and the principles of private law.
FIFTH.- Obligations of the Agent: THE AGENT undertakes to carry out, in addition to all the activities that correspond to him by Clause Two aimed at the satisfactory execution of this Contract, to comply with the following obligations:
5.1 Provide their services diligently, in good faith, and the development of the purposes agreed upon with the PRINCIPAL, under their exclusive responsibility and risk, and without subordination.
5.2 Have the elements that it considers necessary for the fulfillment of the obligations that it must fulfill under this Contract and the Law.
5.3 Exercise the Mandate by the orders given by THE PRINCIPAL.
5.4. Comply with the Terms and Conditions established for the El Dorado Gana product.
5.5. Any other rights that may apply by this Contract and the Law.
SIXTH.- Obligations of the Principal: The Principal undertakes to carry out all the activities that correspond to it, tending to the satisfactory execution of this Contract, and to comply with the following obligations:
6.1 Provide the Agent with all information that the latter considers relevant for properly providing the Services by the circumstances of time, manner, and place in which said information is requested.
6.2. Read all the product conditions carefully, fulfilling the obligation to inform yourself about the decentralized finance protocols and their conditions.
6.3 Authorize the corresponding discount for payment of the associated services.
6.4 Any others that may apply by the Law and this Contract.
SEVENTH.- Remuneration for services and method of payment: Unless otherwise agreed in writing for each Event, the remuneration to be paid by the Principal and in favor of the Agent for the tasks entrusted under this Contract will be those established in the terms and conditions of the El Dorado Gana product.
OCTAVE.- Confidentiality:
8.1 General rule of confidentiality
The Parties agree to maintain as confidential, while this Agreement is in force, plus a term of five (5) years from its termination, the Confidential Information as defined in this Agreement, without prejudice to the protection of confidential information that has been known before the signing of this Agreement.
Neither Party may use or disclose Confidential Information without prior written authorization from the Other Party. It shall be liable for its employees, directors, partners, or shareholders and, in general, any of the persons to whom it has provided information related to the subject matter of this Agreement.
Information provided and obtained by any other means shall remain the exclusive property of the Party that owns it and must be returned or delivered to it, along with all copies made by the other Party, within five business days following the request of the Party that owns the information or at the time of the other Party's determination that it does not need such information. Information.
The Parties agree to take all necessary measures to ensure that their employees and representatives comply with this provision.
8.2 Confidential Information
For this Agreement, the following are considered Confidential Information:
8.2.1 All materials, documents, printed materials, customer databases, know-how, trademarks, advertising signs or expressions, software, electronic or magnetic media, optical disks, microfilms, films, drawings, graphs, written descriptions, notes, memoranda and files of any nature supplied, known or developed by any of the Parties, by this Contract, which are in the possession or of which any of the Parties or their employees, agents, subcontractors, subsidiaries or any other economic affiliate know.
8.2.2 Any information relating to the work of either Party that is not public knowledge and that has been provided by either Party to the Other Party under this Agreement or that has been known or obtained by either Party, whether in writing, orally, or by any other means, under this Agreement.
8.2.3 The counterparties, clients, businesses, and affairs of either Party.
8.3 Special confidentiality rules
The Parties agree to the following special confidentiality rules, without prejudice to any other regulations that may apply by, on the occasion of, or as a result of this Agreement, or under other applicable legal rules:
8.3.1 Neither Party may use or disclose the Confidential Information without prior written authorization from the Other Party. It shall be liable for any improper use, handling, or disclosure of the Confidential Information.
8.3.2 The Parties acknowledge that they may not copy or reproduce the Confidential Information through any means without the prior authorization of the Other Party and that they are not authorized to host the Confidential Information on any electronic device owned by them nor to transmit it by any physical or electronic means to persons other than those expressly permitted by the Party to whom the Confidential Information belongs, nor to retain copies during the term of this Agreement or the confidentiality term provided for herein for uses or purposes other than the execution and compliance of the obligations derived from this Agreement.
8.4 Exceptions to the general rule of confidentiality
The general rule of confidentiality will not be violated if the information:
8.4.1 It was or is in the public domain or made public without any action or omission by the receiving party.
8.4.2 Was in the legitimate possession of the receiving party before being disclosed:
8.4.3 It is known or was acquired by the receiving party through persons who have not had, directly or indirectly, knowledge or access to its confidentiality or
8.4.4 It is revealed or disclosed by or by order of a legal provision or by a legitimate judicial or administrative order. In this case, the Party obliged to reveal or disclose the information must notify the Other Party in advance once it has become aware of this legal, judicial, or administrative obligation so that the latter can take the necessary measures to protect its confidential information. Additionally, the Party obliged to reveal or disclose the information must adopt the required actions to mitigate the effects of such revelation or disclosure.
8.5 Other confidentiality agreements
The confidentiality rules in this Agreement shall not affect any other confidentiality agreements or clauses entered into by the Parties under other contracts between the Parties for a purpose other than this Agreement.
NINTH: Termination of the Contract: This Contract shall be terminated for the following reasons:
9.1 By mutual agreement between the Parties at any time.
9.2 Failure to comply with the obligations of each party in this Agreement. In this case, the provisions of the general terms and conditions of the SuperApp and the El Dorado Gana product regarding the cancellation of accounts shall apply.
9.3 Due to the impossibility of correcting the event of a fortuitous event or force majeure within the term indicated for this purpose in this Contract.
9.4 By unilateral decision of the Parties, I agree to the terms of the previous clause.
9.5 For other reasons established by law.
Unilateral termination of this Agreement may occur without prejudice to the obligation to pay all sums owed by the Parties to each other up to the services' termination date.
In any case of contract termination, the confidentiality, indemnity, and any other clause that by its nature requires it will continue in force.
TENTH.- Indemnity: Each Party shall hold harmless, indemnify, and reimburse the Other Party for failure to comply with the obligations of each party arising from this Contract.
ELEVENTH.- Responsibility: By the principle of the importance of the PARTIES' will, THE PRINCIPAL understands and accepts that THE MANAGER will not be responsible for any damage or loss arising from using the El Dorado Gana product. It is the exclusive responsibility of THE PRINCIPAL to verify the orders that he wishes to place in the product and understand that THE MANAGER is only a means to be connected to different decentralized finance protocols.
TWELFTH.- Force Majeure or Fortuitous Event: The Parties shall not be liable for the non-performance of their obligations when circumstances constituting force majeure or fortuitous event arise. When circumstances constituting force majeure or fortuitous event arise, it will be necessary to notify the Other Party of said emergence of the event of fortuitous event or force majeure, and there will be a term of fifteen (15) business days to remedy, if possible, said event of fortuitous event or force majeure. If once said term has expired, the event is not remedied, or it is not possible to do so, the Contract may be terminated without payment of any sum for breach or compensation.
THIRTEENTH.- Taxes: Each of the Parties shall be responsible for paying taxes and fulfilling the formal duties and tax obligations that correspond to them by what the Law indicates.
FOURTEENTH.- Modification, Amendment, and Waiver: Any modification of the obligations undertaken by the Parties under this Contract must be in writing and signed or accepted by any electronic means by the Parties. Neither may any provision or requirement be waived or be deemed to be waived unless such waiver is in writing and signed by an authorized representative of the Parties.
The failure of a Party to this Agreement to enforce and require strict compliance with and performance of the terms and conditions of this Agreement shall not constitute a waiver of such terms and conditions at a later time, nor shall it prevent such Party from insisting upon strict compliance with and performance of such terms and conditions at a later time.
FIFTEENTH.- Assignment of the Contract: THE PRINCIPAL may not assign, in whole or in part, any of its obligations arising from this Contract without the prior written consent of the Other Party. THE AGENT may freely assign this Contract by sending a notice by any written means.
SIXTEENTH. Severability: The invalidity of any provision of this Agreement shall not affect the validity of any other provision. Suppose any provision of this Agreement is declared illegal, unenforceable, or otherwise invalid. In that case, the Parties agree that the remaining provisions shall be deemed valid, binding, and obligatory after that and shall make every effort to replace the clause declared illegal, unenforceable, or invalid with a legal and binding one that reflects the Parties' initial intention. The provisions of this Clause shall also apply in the event of a declaration of illegality, unenforceability, or invalidity of the entire Agreement.
SEVENTEENTH.- Dispute Resolution: Any controversy or difference between the Parties about the execution or interpretation of this Contract that cannot be resolved directly between them will be submitted to the courts and tribunals of El Salvador.
EIGHTEENTH.- Applicable Law: This Agreement shall be construed by and governed by the laws of the Republic of El Salvador.
NINETEENTH.- Entire Agreement: This Agreement constitutes the entire agreement between the Parties concerning the activities and operations contemplated herein and supersedes all other prior agreements on the subject matter.
TWENTIETH.- Policies on prevention of ML/TF risk :
a) Declarations of the counterparties:
THE PRINCIPAL declares and acknowledges by signing this contract or its execution that THE AGENT has implemented a self-management system for the administration of the risk of money laundering (ML) and terrorist financing (FT) and, therefore, acknowledges that any link between THE AGENT and said activities may generate considerable damages for THE AGENT that may not be remedied. Consequently, THE PRINCIPAL assumes all responsibility and will hold THE AGENT harmless for any damages or losses that may be caused if, through its fault, THE AGENT is linked to said activities, guaranteeing that the information provided to the Contractor for this contract is true, accurate and current.
b) Source of funds and cause for termination
The Parties declare under oath that their income does not come from illegal activities and are not registered in national or international anti-money laundering lists. The Parties may unilaterally and immediately terminate this Agreement if any of them, their shareholders, or any of their directors or legal representatives become, jointly or separately: (i) included in lists for the control of money laundering and terrorist financing administered by any national or foreign authority, such as the list of the Office of Foreign Assets Control - OFAC issued by the Treasury Office of the United States of America, the list of the United Nations Organization, as well as any other public list related to the subject of money laundering and terrorist financing, (ii) convicted by the competent authorities in any judicial process related to the commission of the crimes above in any jurisdiction, or (iii) When any of the Parties find falsehoods in the documentation and information provided by THE PRINCIPAL for the celebration and execution of this Agreement.
In this regard, the Parties are authorized to consult such information in said lists and/or similar lists and to make the necessary confirmations and verifications, and they can retain said information indefinitely.
In the event of unilateral termination of the contract by one of the Parties, in the events described above, the non-compliant Party shall not be entitled to any financial recognition in compensation, penalties, fines, etc. For its part, the non-compliant Party may collect any damages it proves and may initiate any legal action that may apply.
Paragraph: All information obtained concerning the granting, execution, or termination of this Contract may be provided by the Parties to the corresponding control entities without being subject to the confidentiality agreements reached by the parties.
THE LATINO DREAM:
El Dorado Dollar Dream $