Definitions
In these Terms and Conditions, the following definitions apply:
- "Shokunin Creative", "we", "us", "our" — refers to Shokunin Creative and its operators, employees, and agents.
- "Platform" — refers to the Shokunin Creative website (shokunincreative.com), creator database, brand portal, and all associated services.
- "Creator" — any individual or entity that registers a profile on the Shokunin Creative platform as a content creator.
- "Brand" — any business, company, or individual that accesses the Shokunin Creative brand portal for the purpose of creator partnerships.
- "Partnership" — any agreement facilitated by Shokunin Creative between a Creator and a Brand, whether monetary or non-monetary (collab/quid pro quo).
- "Collab Partnership" — a non-monetary arrangement in which a Brand provides goods, services, experiences, or access in exchange for content creation by a Creator.
- "Deal Value" — the total agreed monetary value of a Partnership between a Creator and a Brand.
Our Services
Shokunin Creative operates as an intermediary platform connecting content creators with brand partners. We provide:
- A curated creator database accessible to verified brand partners
- Creator profile management and media kit services
- Campaign planning, execution, and management services
- Creator-brand partnership facilitation and agreement management
- Post-campaign analytics and reporting
- A Creator Collab Board for creator-to-creator collaboration
Important: Shokunin Creative acts as an agent and intermediary only. We are not a party to any partnership agreement between a Creator and a Brand. All partnerships are between the Creator and the Brand, facilitated and managed by Shokunin Creative.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice. We do not guarantee the availability of any specific creator, brand, or campaign opportunity.
Creator Terms
Eligibility & Registration
- You must be at least 18 years of age to register as a creator on the Shokunin Creative platform.
- You must provide accurate, complete, and up-to-date information when submitting your profile.
- You are responsible for maintaining the accuracy of your profile information at all times.
- Shokunin Creative reserves the right to reject or remove any creator profile at its sole discretion.
Profile & Database Listing
- Basic profile listings are provided free for the first year, after which a fee may apply.
- By submitting your profile, you grant Shokunin Creative a non-exclusive, royalty-free licence to display your profile information, handle, niche tags, audience data, and media assets to verified brand partners for the purpose of facilitating partnerships.
- You represent and warrant that all content you submit to your profile is your own, does not infringe any third-party rights, and is accurate.
- You may upgrade, downgrade, or cancel your plan at any time. Cancellation takes effect at the end of the current billing period.
Partnership Obligations
- Once you accept a partnership through Shokunin Creative, you are obligated to deliver all agreed deliverables on time and to the standard agreed in the campaign brief.
- You must disclose any sponsored or gifted content in accordance with the applicable advertising standards in your jurisdiction (e.g. ASA, FTC guidelines).
- You must not contact a Brand directly outside of the Shokunin Creative process unless explicitly agreed in writing.
- You must not enter into a separate agreement with a Brand introduced through Shokunin Creative that bypasses our platform and fee structure, for a period of 12 months from the date of introduction.
Earnings
- Creators receive 85% of the agreed monetary Deal Value for all paid partnerships.
- Shokunin Creative retains 15% of all Deal Values as a management and facilitation fee.
- Payment to creators will be made within 14 business days of Shokunin Creative receiving cleared funds from the Brand.
- For Collab Partnerships, no monetary payment is made. The value of goods, services, or experiences provided by the Brand is agreed in advance.
Brand Terms
Access & Registration
- Access to the Shokunin Creative brand portal is by invitation and approval only. Shokunin Creative reserves the right to refuse or revoke access at any time.
- Your access code is personal to your organisation and must not be shared with third parties outside your organisation.
- You are responsible for all activity conducted through your brand portal access.
Use of Creator Data
- Creator profile data accessed through the brand portal is provided for the sole purpose of evaluating and entering into creator partnerships through Shokunin Creative.
- You must not use creator data for any other purpose, including direct outreach, marketing, or sharing with third parties.
- You must not contact any creator directly whose profile you have viewed through the Shokunin Creative portal, without first routing the introduction through Shokunin Creative.
- Any breach of this clause may result in immediate termination of access and legal action for damages.
Campaign Obligations
- Once a partnership is agreed, you are obligated to provide the agreed Brief, assets, product, or payment within the agreed timeline.
- You must not request content from creators that is misleading, illegal, or in breach of applicable advertising standards.
- Shokunin Creative manages all communication with creators on your behalf. You must not attempt to circumvent this process.
- You must not enter into a direct agreement with a creator introduced through Shokunin Creative that bypasses our platform and fee structure, for a period of 12 months from the date of introduction.
Collab Partnerships
- Collab Partnerships are non-monetary arrangements. The agreed value of goods, services, or experiences must be delivered as agreed.
- Failure to deliver the agreed goods, services, or experiences constitutes a breach of the partnership agreement.
- A small administration fee charged by Shokunin Creative applies to all Collab Partnerships regardless of their monetary value.
Payments & Fees
Creator Subscription Plans
- Creator platform subscriptions (Standard and Premium) are billed monthly or annually as selected at signup.
- All subscription fees are non-refundable except where required by applicable law.
- Subscriptions automatically renew unless cancelled before the renewal date.
- Shokunin Creative reserves the right to change subscription pricing with 30 days' written notice.
Brand Access Fees
- Brand portal access fees are agreed separately and invoiced accordingly.
- Pricing is available on request and is not published publicly.
- All brand access fees are due within 14 days of invoice.
Partnership Deal Fees
- Shokunin Creative charges a flat 15% fee on all confirmed monetary Deal Values.
- This fee is invoiced to the Brand on top of the agreed Deal Value.
- Brands must pay the full invoice (Deal Value + Shokunin fee) before campaign delivery commences, unless otherwise agreed in writing.
- Shokunin Creative's fee is non-refundable once a campaign has commenced.
Non-Payment: Shokunin Creative reserves the right to suspend or terminate brand portal access for non-payment of any outstanding invoices. Interest on overdue invoices may be charged at a rate of 2% per month.
Content & Intellectual Property
- All content created by a Creator as part of a Partnership remains the intellectual property of the Creator unless explicitly agreed otherwise in writing.
- Brands are granted a licence to use partnership content for the purpose and duration agreed in the campaign brief only.
- Any extended usage rights (paid advertising, OOH, TV, etc.) must be separately agreed and paid for.
- Creators may not use brand trademarks, logos, or assets beyond what is agreed in the campaign brief.
- Brands may not edit, alter, or repurpose creator content without the creator's written consent, except where agreed in the campaign brief.
- Shokunin Creative retains no ownership over any content created as part of a Partnership.
- The Shokunin Creative name, logo, and platform content are protected intellectual property and may not be reproduced without written permission.
Data & Privacy
Shokunin Creative collects, stores, and processes personal data in accordance with our Privacy Policy.
- Creator profile data is shared with verified brand partners for the sole purpose of facilitating creator partnerships.
- We do not sell personal data to third parties.
- We use industry-standard security measures to protect all data stored on our platform.
- Creators may request deletion of their profile data at any time by contacting info@shokunincreative.com. Deletion will be processed within 30 days.
- Brands must handle any creator data accessed through the portal in accordance with applicable data protection laws including GDPR and PIPEDA.
- By submitting a creator application, you consent to Shokunin Creative storing and processing your data for the purposes described in these Terms and our Privacy Policy.
Limitation of Liability
Please read this section carefully. It limits Shokunin Creative's liability to you.
- Shokunin Creative acts as an intermediary only. We are not responsible for the actions, omissions, or conduct of any Creator or Brand using our platform.
- We do not guarantee that any partnership will be successful, that content will perform to any particular standard, or that any campaign will achieve any specific result.
- Shokunin Creative's total liability to any user for any claim arising from the use of our services shall not exceed the total fees paid by that user to Shokunin Creative in the 3 months preceding the claim.
- We are not liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profit, loss of revenue, loss of data, or loss of opportunity.
- We are not liable for any failure or delay in performing our services caused by circumstances beyond our reasonable control, including but not limited to acts of God, internet outages, third-party platform changes, or government restrictions.
- Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.
No Warranties
Our platform and services are provided "as is" without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our platform will be uninterrupted, error-free, or free of viruses or harmful components.
Termination & Suspension
- Shokunin Creative reserves the right to suspend or terminate any creator profile or brand portal access at any time, with or without notice, for any breach of these Terms.
- Creators may cancel their subscription at any time. Cancellation takes effect at the end of the current billing period.
- Upon termination, all licences granted under these Terms cease immediately.
- Termination does not affect any outstanding payment obligations — any fees owed remain payable.
- Shokunin Creative may retain certain data for legal and compliance purposes following termination, in accordance with our Privacy Policy.
- The non-circumvention obligation (Section 3 and Section 4) survives termination for 12 months.
Disputes & Governing Law
- These Terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein.
- Any dispute arising from these Terms or your use of Shokunin Creative's services shall first be attempted to be resolved through good-faith negotiation between the parties.
- If a dispute cannot be resolved through negotiation within 30 days, either party may refer the matter to mediation before commencing legal proceedings.
- The courts of Ontario, Canada shall have exclusive jurisdiction over any dispute not resolved through the above process.
- Nothing in this clause prevents either party from seeking urgent injunctive relief where appropriate.
General Provisions
- Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Shokunin Creative regarding your use of our services.
- Amendments. Shokunin Creative reserves the right to amend these Terms at any time. We will provide 14 days' notice of material changes via the platform or email. Continued use of our services after that period constitutes acceptance of the updated Terms.
- Severability. If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be severed and the remainder of these Terms shall continue in full force and effect.
- No Waiver. Failure by Shokunin Creative to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in future.
- Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Shokunin Creative may assign these Terms without restriction.
- Independent Contractors. Nothing in these Terms creates any employment, agency, partnership, or joint venture relationship between you and Shokunin Creative.
- Contact. For any questions regarding these Terms, please contact us at info@shokunincreative.com or +1 (519) 778-7648.