Terms of Use for CAMPFIRE Partnership Program

This English translation is for reference only. The Japanese version is the official version and is to be interpreted in Japanese only.

 

CAMPFIRE Inc. (hereinafter referred to as "Company") hereby establishes the terms of use ("Terms of Use") for the "CAMPFIRE Partnership Program" offered in relation to the crowdfunding platform "CAMPFIRE" operated and managed by the Company.

 

Article 1 (Definition)

1. "User" means a user who is subject to the terms and conditions set forth by CAMPFIRE.
2. "Project" means a plan, product, etc. posted on CAMPFIRE.
3. "Project Owner" means a person who plans, manages, and operates a Project.
4. "Supporter" means a User who supports a Project posted on CAMPFIRE.
5. "Curation" means support services provided by Partners to Project Owners.
6. "Partner" means a person who has been approved by the Company to become a Partner in accordance with the provisions of Article 2.

 

Article 2 (Application)

1. In order to become a Partner, you must agree to the Terms of Use and the CAMPFIRE Privacy Policy, and apply for partnership by filling out the form provided by the Company. You are required to provide true and accurate information when filling out the form. You may not be registered multiple times as a partner.
2. The Company will examine the application in the preceding paragraph for approval or rejection. If the Company approves the application, the applicant's partner registration will be completed at the moment of such approval. The Company will not approve the application in the following cases:
   

   (1) if all or part of the information provided at the time of application is false, misdescribed, or omitted;

   (2) if the applicant's CAMPFIRE membership was suspended in the past, or if the applicant violated the CAMPFIRE terms of use;

   (3) if the Partner breaches, or will likely breach, the provisions of the Terms of Use; or

   (4) in any other case where CAMPFIRE judges that the registration is not appropriate.

3. Even if the Company refuses the application in accordance with the preceding paragraph, the Company is not obligated to disclose any reason for such refusal to the applicant.
4. If a Partner has already executed any of the following service agreements with the Company by the time of completing the partner registration, such preceding service agreement will be deemed to be terminated upon such completion.
   

   (1) a service agreement under which a Partner provides curation services;

   (2) a service agreement under which a Partner introduces projects to the Company

 

Article 3 (Types and Contents of Partners)

1. "Project Introduction Partner" will introduce projects that can be posted on CAMPFIRE to the Company. Project Introduction Partner does not perform curation.
2. "Curation Partner" will introduce projects that can be posted on CAMPFIRE to the Company and perform curation as described below. The Curation Partner must show the CAMPFIRE terms of use in advance to the Project Owner supported by the Curation Partner and ensure that the Project Owner complies with the Terms of Use.
   

   (1) Planning support for Project theme, target, return design, etc.

   (2) Creative support such as creating a project page and arranging images and videos for the page.

   (3) Public relations support, such as announcements on SNS and other owned media through the project owner's account, creation and distribution of press releases, and distribution of paid advertisements.

   (4) Confirmation of the status of providing returns and activity reports to Project Owners and support for their implementation.

 

Article 4 (Target Projects)

1. When handling Partner services in connection with an agreement ("Agreement") based on the Terms of Use, the Partner must specify a target Project and apply for it in advance by the method designated by the Company.
2. If the Company accepts the application as stipulated in the preceding paragraph, the Project will be treated as the Partner’s target Project. In principle, eligible projects are those that are posted on the services named "CAMPFIRE", "BOOSTER", "machi-ya", and "GoodMorning", and projects posted on other services are not eligible unless individually approved by the Company. 
3. The Company may refuse to accept a Partner’s application for a Project if another Partner has already applied for the Project as a target Project, or if there are other similar reasons.

 

Article 5 (Obligations of Partner)

1. Partners must comply with the Terms of Use, and other operating rules regarding the Terms of Use established by the Company.
2. Partners may, at the Company’s sole discretion, be granted access to the Company’s administration screen for the Project. In this case, such Partners must strictly control the IDs and passwords for such access and must not disclose such IDs or passwords to any third party (including the Project Owners) for any reason.
3. Partners may use CAMPFIRE's logo to the extent necessary to perform its duties under this Agreement. In this case, the Partners must not use it in any way other than the way specified by the Company.
4. If a Partner is the operator of a service which is generally referred to as a crowdfunding platform other than the Company's or engages in activities similar to those set forth in the Terms of Use, the Partner must disclose that fact to the Company in advance.
5. Partners must resolve any disputes and problems that might arise between the Partners and the Project Owners regarding their target Projects handled by the Partners at the Partner’s own expense and responsibility, except for cases where such resolve any disputes are attributable to the Company.
6. Partners must not subcontract their services under the Terms of Use to any third parties without the prior consent of the Company. Even if the Partners subcontract their services to third parties with such prior consent, the Company must make the subcontractor assume the same or heavier obligations as those assumed by the Company under the Terms of Use.

 

Article 6 (Revenue Share)

In the event that a target Project is completed, the Company will pay the Partner a portion of the commission the Company receives from the Project Owner as revenue share, as follows.
(* Requirements for Project completion is as stipulated in Article 14, paragraph 2, of the CAMPFIRE terms of use.)

 

[Project Introduction Partner]

17% of the commission the Company receives from the Project Owner (not including the settlement fee)

(Example) If the total amount of support is 1,000,000 yen and the commission is 12%, 120,000 yen x 17% = 20,400 yen

 

[Curation Partner]

42% of the commission the Company receives from the Project Owner (not including the settlement fee)

(Example) If the total amount of support is 1,000,000 yen and the commission is 12%, 120,000 yen x 42% = 50,400 yen

 

Notwithstanding the above, if the target Project is posted on the services called "machi-ya" as stipulated in Article 8 of the CAMPFIRE terms of use, the revenue share will be as follows.

 

[Project Introduction Partner]

10% of the commission the Company receives from the Project Owner (not including the settlement fee)

(Example) If the total amount of support is 1,000,000 yen and the commission is 20%, 200,000 yen x 10% = 20,000 yen

 

[Curation Partner]

10% of the commission the Company receives from the Project Owner (not including the settlement fee)

(Example) If the total amount of support is 1,000,000 yen and the commission is 20%, 200,000 yen x 25% = 50,000 yen

 

The commission rate appliable to the commission the Company receives from Project Owners varies depending on campaigns and commission policies implemented by the Company.

 

The Company will pay the Partner's revenue share amount to the Partner by the end of the month following the expiration date of the subscription period. Any transfer fees incurred at the time of remittance will be borne by the Company.

 

Article 7 (Intellectual Property Rights)

The copyrights of the texts, images, videos, and other copyrighted materials posted on the Project page belong to the copyright holders of such materials. However, Partners agree in advance that the Company may freely use, free of charge, the information (including texts, illustrations, and photos) of the works provided by the Partners for the purpose of introducing crowdfunding services provided by the Company through advertising, promoting, and featuring.

 

Article 8 (Confidentiality)

1. The Company and Partners must not, without the prior written consent of the other party, disclose or leak to the public or any third party any business, technical or other information of the other party obtained in the course of performing the services stipulated in the Terms of Use that the disclosing party has clearly indicated is confidential ("Confidential Information"), and must not use such information for any purpose other than the services stipulated in these Terms of Use.
2. Notwithstanding the preceding paragraph, the preceding paragraph does not apply to information that falls under any of the following items:
   

   (1) information for which the prior written consent of the information discloser is obtained concerning disclosure of such information to third parties;

   (2) information that is already publicly known at the time of disclosure;

   (3) information that becomes public knowledge after disclosure through no fault of the information recipient; and

   (4) information that is already in the lawful possession of the information recipitent at the time of disclosure.

3. Notwithstanding the provisions of the preceding two paragraphs, in the event of a legal request for disclosure from a regulatory authority or other public offices, the Company and the Partners may disclose the other party's information to the extent reasonably deemed necessary for such request, upon prior notice to the other party. However, in case of emergency, it will be sufficient to give notice after such disclosure.
4. Whenever requested by the other party, the Company and the Partner must, without delay and in accordance with the instructions of the other party, return, destroy or otherwise dispose of the Confidential Information, any documents and recording media containing or describing the Confidential Information, and all reproductions thereof, and must deliver a certificate thereof upon the request of the other party.
5. In the event of any leakage or loss of Confidential Information or any fact that may lead to such leakage or loss, the Company and the Partners must immediately report to the other party the fact and details thereof.
6. The Company may request Partners to submit a check sheet on information security and report on the management of Confidential Information as the Company deems necessary. In this case, the Partner must comply with such request.

 

Article 9 (Protection of Personal Information)

1. If a Partner handles any information that can identify an individual User (hereinafter referred to as "Personal Information") in the course of performance of services under the Agreement, the Partner must strictly maintain the confidentiality of such information not only during the effective period of the Agreement but also after its termination, must not disclose such information to any third party except with the consent of such User or as otherwise permitted by law and regulation, and shall handle such information with care of a prudent good manager.
2. The Partner must limit its officers and employees (including dispatched workers and part-time workers; and the same applies hereinafter) with access to Personal Information and the extent of handling Personal Information to the scope necessary for the performance of the services as stipulated in the Agreement.
3. In order to ensure the proper handling of Personal Information and to protect the privacy of individuals, the Partner shall comply with the following items.

   (1) Upon proper request from a User or a Project Owner in accordance with the form and content designated by the Partner, the Partner must submit the management rules for the handling of information and equivalent materials.

   (2) Not to use or duplicate Personal Information beyond the scope necessary for the performance of the services of the Agreement.

   (3) Not to remove any materials or data related to personal information from the place of performance of the services under the Agreement without reasonable cause.

   (4) when instructed by the relevant User to return or destroy Personal Information (including its reproduction) in an appropriate manner according to the form and content designated by the Partner, the Partner shall comply with such instructions. In addition, if the Partner possesses any Personal Information after acquiring and using such Personal Information, such Personal Information must be destroyed or strictly managed as Confidential Information, except for that which is retained as a legitimate business record, and shall not be disclosed or used at all thereafter except with the consent of the User concerned or as otherwise permitted by law and regulation.

 

Article 10 (Prohibition of Assignment)

Partners must not, without the prior written consent of the Company, assign or transfer to a third party all or part of its rights and obligations under the Agreement, or encumber all or part of the Agreement as collateral.

 

Article 11 (Termination)

The Company may immediately terminate the agreement based on the Terms of Use if a Partner falls under any of the following:

(1) if the Partner violates any provision of the Terms of Use;

(2) if the Partner’s credit standing is judged to be in serious concern, including the Partner going bankrupt, or undergoing civil rehabilitation proceedings, corporate reorganization proceedings, petition for special liquidation, or delinquency disposition of taxes and public dues; and

(3) if the Company judges that the Partner's business implementation is inappropriate for the operation of CAMPFIRE.

 

Article 12 (Term)

1. The term of the Agreement is from the date of completion of Partner registration to the first coming March 31.
2. The Agreement will be renewed for a period of one (1) year under the same terms and conditions unless the Company or the Partner expresses its intention not to renew the Agreement no later than one (1) month prior to the expiration of the Agreement, and the same renewal shall apply thereafter. The Company and the Partner are not obliged to disclose the reason for the intention not to renew the Agreement.
3. The Company may not renew the Agreement in the event that the Company determines that the continuation of the Agreement is undesirable, including in the event that the Partner does not, and is unlikely to, achieve the Agreement goals as set forth in Article 13.
4. Both the Company and the Partner may request in writing to terminate the Agreement with a notice period of one month even during the effective period of the Agreement. In such case, the contract will terminate at the end of the month containing the expiration date of the notice period.
5. Target Projects that are already posted on CAMPFIRE at the time of the termination of the Agreement will be subject to revenue sharing even if such Projects are completed after the termination of the Agreement. In this case, the Terms of Use will apply to such target Project even after the termination of the Agreement.

 

Article 13 (Agreement Goals)

When a Partner applies for the Agreement, the Partner must set agreement goals. If the Company deems it appropriate, the Partner may change the agreement goals even during the agreement term.

 

Article 14 (Special Provision: Concurrent Positions of Partner)

A Partner may have a combined position of Project Introduction Partner and Curation Partner only if the Company approves the Partner’s request. In this case, regarding the revenue share as stipulated in Article 6, such Partner will be treated as a "Project Introduction Partner" if the target Project falls under the category of project introduction, and as a "Curation Partner" if the target Project falls under the category of curation.

 

Article 15 (Special Provision: Case without Revenue Share)

If a Partner does not wish to receive the revenue share as stipulated in Article 6, the Partner will not be entitled to receive the revenue share only if the Company approves such wish. In this case, the Company may reduce the amount equivalent to the revenue share calculated in accordance with Article 6 for the target Project from posting fees received from the Project Owner of the target Project.

 

Article 16 (Exclusion of Antisocial Forces)

1. Partners represent and warrant that neither the Partners nor any of their officers fall under any of the categories below at present and in the future and that the Partners will not commit, by themselves or through use of any third party, any unfair acts such as violent or unjust demands or threatening acts at present and in the future.
   

   (1) The Partners are organized crime groups, members of organized crime groups, persons who have ceased to be members of organized crime groups within the last five (5) years, quasi-members of organized crime groups, affiliates of organized crime groups, sokaiya, blackmailers camouflaged as social movement activists, special intelligent violent groups, or other equivalent persons ("Antisocial Forces").

   (2) The Partners have relationships with Antisocial Forces in which Antisocial Forces are recognized to be substantially involved in the management of the Partners.

   (3) The Partners have relationships with Antisocial Forces in which Antisocial Forces are deemed to be substantially involved in the management of the Partners.

   (4) The Partners have relationships with Antisocial Forces in which Antisocial Forces are deemed to be unjustly using Antisocial Forces, such as for the purpose of gaining unjust benefits for the Partners themselves or any third party or for the purpose of causing damage to any third party.

   (5) The Partners have relationships with Antisocial Forces in which it is recognized that the Company is involved in providing funds, etc. or favors to Antisocial Forces.

   (6) Any officer or any person substantially involved in the management of the Company has a socially reprehensible relationship with Antisocial Forces.

2. If any violation of the preceding paragraph is found, the Company will immediately terminate the Agreement. In this case, the Partners may not make any claim for damages against the Company, regardless of any legal or non-legal framework or ground.

 

Article 17 (Communication / Notification)

Partners agree that any communication or notification regarding the Agreement will be made by e-mail or other methods determined by the Company. Once the Company sends such communication or notification to the contact address with which the Partners have applies to the Company, such communication or notification will be deemed to have reached the Partners when such communication or notification should normally reach the Partners.

 

Article 18 (Court of Jurisdiction)

The Tokyo Summary Court or the Tokyo District Court will have exclusive jurisdiction over any disputes between the Company and any Partner regarding the Agreement, depending on the amount of the suit.

 

Article 19 (Governing Law)

The Terms of Use and the Agreement are governed by and construed in accordance with the laws of Japan.

 

Article 20 (Consultation)

If any question or dispute arises between the Company and any Partner regarding the Terms of Use or the Agreement, both parties will mutually consult in good faith to resolve such question or dispute.

Established: November 11, 2021

Reviced: June 23, 2022

Reviced: October 4, 2022