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Definitions (feel free to skip) Exclusivity clause: A clause in an agreement that restricts a party from endorsing any competing products or services.
An Endorsement Agreement is a contract that lets a company use someone's name, likeness, and reputation to promote a service or product. Typically the endorser is well known (or at least well known within a given field).
These key elements include a description of the product or service being endorsed, the terms and conditions of the endorsement, a list of any payments or benefits to be provided to the endorser, a clear statement of confidentiality, and a termination clause outlining how the agreement can be terminated by either party.
In an endorsement deal, a person, typically a high profile individual or ?influencer,? publicly expresses his/her support for a company's goods or services. In essence, the endorser is saying to his/her audience that they recommend a product or service and therefore you should try it.
In a more general context, an endorsement is an act of saying or showing that you agree with or support something or someone; the endorser may or may not be compensated. For example, a WNBA basketball player may endorse a pair of Nike-brand shoes in a commercial.
An endorsement agreement allows a company to utilize a celebrity's name and reputation to advertise a product or service with his permission.
Endorsement contracts are used to detail the agreement between brands and celebrities or famous figures paid to represent the brand. Endorsement contracts come with explicit morals clauses as a way to limit and handle negative activity that is seen as a negative reflection of the brand.
The first step on how to draft an endorsement agreement is ensuring both parties have a clear understanding of what both parties bring to the table. For example, a celebrity endorser might be required to make specific promotional appearances, while the company agrees to provide certain marketing resources.