In 2009, the Federal Trade Commission made several changes to the FTCs Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address endorsements by consumers, experts, organizations, and celebrities, as well as the disclosure of important connections between advertisers and endorsers. The Guides were last updated in 1980.
Celebrity endorsers are addressed in the revised Guides. While the 1980 Guides did not explicitly state that endorsers as well as advertisers could be liable under the FTC Act for statements they make in an endorsement, the revised Guides reflect Commission case law and clearly state that both advertisers and endorsers may be liable for false or unsubstantiated claims made in an endorsement or for failure to disclose material connections between the advertiser and endorsers. The revised Guides also make it clear that celebrities have a duty to disclose their relationships with advertisers when making endorsements outside the context of traditional ads, such as on talk shows or in social media. Note Section XI of this form.
The term Infomercial refers to an information commercial (usually 15 to 30 minutes long) that is presented more like a talk show than a commercial promotion. Infomercials are aired normally at fringe times (late night to early morning), and aim at building awareness of a product or service by demonstrating its use and benefits. Typically, they include an attractive direct response offer (with toll-free numbers) designed to elicit on-the-spot orders.
South Dakota Contract for Television Advertising Production Company and Actor to do Infomercial: A Comprehensive Guide Introduction: In the bustling world of television advertising, production companies often engage actors to create compelling infomercials that capture the attention of viewers. To ensure a smooth collaboration, it is essential for these parties to have a well-defined contract. Specifically focusing on South Dakota, this article will provide a detailed description of the various types of contracts that can be established between a television advertising production company and an actor for the purpose of creating infomercials. 1. South Dakota Infomercial Actor Agreement: This contract outlines the terms and conditions between the television advertising production company (referred to as the "Company") and the actor (referred to as the "Actor") engaged to feature in the infomercial. It covers areas such as compensation, project specifications, intellectual property rights, non-disclosure agreements, and termination clauses. 2. South Dakota Production Company Agreement: This type of contract ensures that the television advertising production company (referred to as the "Company") has all necessary rights and agreements in place before engaging the actor (referred to as the "Actor") for the infomercial. It encompasses elements such as project details, intellectual property rights, payment terms, and any associated legal requirements specific to the state of South Dakota. 3. Non-Disclosure Agreement (NDA): An NDA is crucial in maintaining confidentiality between the television advertising production company and the actor throughout the infomercial creation process. The NDA ensures that any sensitive information, trade secrets, or proprietary processes discussed or shared during production will remain confidential and not be disclosed to any third party. 4. South Dakota Intellectual Property Rights Agreement: To safeguard the interests of both parties involved, an Intellectual Property Rights Agreement is necessary. It outlines the ownership rights of the infomercial content, trademarks, copyrights, and any other intellectual property created during the production process. 5. South Dakota Termination Agreement: This contract type allows both the television advertising production company and the actor to outline the circumstances under which the agreement can be terminated. It provides clarity on notice periods, breach of contract, and other conditions that would necessitate early termination. Conclusion: When entering into a contract between a television advertising production company and an actor to create an infomercial in South Dakota, it is crucial to have a comprehensive agreement in place. This ensures that all parties involved are protected and have a clear understanding of their respective rights and obligations. By utilizing various contract types, such as the South Dakota Infomercial Actor Agreement, Production Company Agreement, Non-Disclosure Agreement, Intellectual Property Rights Agreement, and Termination Agreement, a successful and legally compliant collaboration can be achieved.South Dakota Contract for Television Advertising Production Company and Actor to do Infomercial: A Comprehensive Guide Introduction: In the bustling world of television advertising, production companies often engage actors to create compelling infomercials that capture the attention of viewers. To ensure a smooth collaboration, it is essential for these parties to have a well-defined contract. Specifically focusing on South Dakota, this article will provide a detailed description of the various types of contracts that can be established between a television advertising production company and an actor for the purpose of creating infomercials. 1. South Dakota Infomercial Actor Agreement: This contract outlines the terms and conditions between the television advertising production company (referred to as the "Company") and the actor (referred to as the "Actor") engaged to feature in the infomercial. It covers areas such as compensation, project specifications, intellectual property rights, non-disclosure agreements, and termination clauses. 2. South Dakota Production Company Agreement: This type of contract ensures that the television advertising production company (referred to as the "Company") has all necessary rights and agreements in place before engaging the actor (referred to as the "Actor") for the infomercial. It encompasses elements such as project details, intellectual property rights, payment terms, and any associated legal requirements specific to the state of South Dakota. 3. Non-Disclosure Agreement (NDA): An NDA is crucial in maintaining confidentiality between the television advertising production company and the actor throughout the infomercial creation process. The NDA ensures that any sensitive information, trade secrets, or proprietary processes discussed or shared during production will remain confidential and not be disclosed to any third party. 4. South Dakota Intellectual Property Rights Agreement: To safeguard the interests of both parties involved, an Intellectual Property Rights Agreement is necessary. It outlines the ownership rights of the infomercial content, trademarks, copyrights, and any other intellectual property created during the production process. 5. South Dakota Termination Agreement: This contract type allows both the television advertising production company and the actor to outline the circumstances under which the agreement can be terminated. It provides clarity on notice periods, breach of contract, and other conditions that would necessitate early termination. Conclusion: When entering into a contract between a television advertising production company and an actor to create an infomercial in South Dakota, it is crucial to have a comprehensive agreement in place. This ensures that all parties involved are protected and have a clear understanding of their respective rights and obligations. By utilizing various contract types, such as the South Dakota Infomercial Actor Agreement, Production Company Agreement, Non-Disclosure Agreement, Intellectual Property Rights Agreement, and Termination Agreement, a successful and legally compliant collaboration can be achieved.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
