1. Duties Owed by Brands
When a brand engages an influencer or agency through SushiVid, it takes on certain duties for the campaign to run fairly:
- Duty to pay the agreed campaign fee into escrow before work begins, and to release payment promptly once deliverables are approved in line with the campaign brief.
- Duty to provide a clear brief, including any mandatory messaging, do's and don'ts, and approval timelines, before the influencer starts producing content.
- Duty to respond to submitted drafts, scripts, or content within a reasonable time, so influencers are not left waiting indefinitely for approval.
- Duty of care over any products, samples, or equipment loaned to an influencer for the purposes of the campaign.
2. Duties Owed by Influencers
Influencers and creators accepting a campaign through SushiVid take on corresponding duties:
- Duty to deliver content that reasonably reflects the agreed brief, script, or creative direction, within the agreed timeline.
- Duty to communicate promptly if a deadline cannot be met, if the agreed creative direction changes, or if the influencer can no longer fulfil the campaign.
- Duty to seek approval before publishing content, where the campaign terms require brand sign-off prior to posting.
- Duty to disclose the commercial nature of sponsored content in line with applicable advertising standards and platform disclosure rules.
3. Duty of Care Over Loaned Products
Where a brand loans products, samples, or equipment to an influencer for a campaign, both parties should agree their own terms for use, return, and liability for damage. Consistent with our Campaign Dispute Resolution Policy, SushiVid is not liable for damage to loaned items incurred before, during, or after a campaign, but expects both parties to exercise reasonable care and to resolve any related disagreement in good faith before escalating to a dispute.
4. What Counts as a Breach
A breach of duty occurs when a brand or influencer fails, without reasonable excuse, to meet one of the duties set out above or elsewhere in our Terms of Use. Common examples include:
- An influencer who accepts payment or a loaned product but does not deliver the agreed content.
- A brand that withholds an agreed payment after content has been delivered and approved.
- Either party going unresponsive for an extended period without explanation, leaving the other unable to proceed.
- Content published without required approval, or that materially departs from the agreed brief without prior discussion.
Minor delays or good-faith disagreements over creative direction are not, on their own, treated as a breach — these are generally expected to be resolved directly between the parties first.
5. Consequences of a Breach
Where a breach of duty is established, one or more of the following may apply, depending on severity and in line with our Campaign Dispute Resolution Policy:
- Forfeiture or reallocation of the relevant escrow payment, as determined through the dispute process.
- A formal warning placed on the brand's or influencer's SushiVid account.
- Suspension or termination of access to the SushiVid platform for repeated or serious breaches.
- Referral to legal counsel where the breach involves fraud, misrepresentation, or conduct beyond the scope of what our dispute process is designed to resolve.
6. Reporting a Breach
If you believe the other party to a campaign has breached a duty owed to you, please contact us or reach out to your assigned account manager with the subject line "Breach of Duty", describing the issue and attaching any supporting evidence. Most breaches connected to an active campaign payment are handled through our Campaign Dispute Resolution Policy; matters outside that scope will be reviewed by our team directly.