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.
Title: Harris Texas Contract Between Television Advertising Production Company and Actor for Infomercial Production: Types and Detailed Description Introduction: In Harris, Texas, a contract between a Television Advertising Production Company and an Actor for an infomercial production is essential to ensure both parties understand their respective obligations and protect their rights. This article provides a detailed description of such a contract and highlights different types that may exist. 1. Pay-Per-Performance Contract: The Pay-Per-Performance Contract is a type of agreement commonly used in the television advertising industry. In this contract, the Actor's compensation is directly linked to the performance of the infomercial. It may involve a percentage of sales generated by the infomercial or a fixed payment per unit sold. 2. Fixed Compensation Contract: The Fixed Compensation Contract is another common type of agreement used between Television Advertising Production Companies and Actors. Under this contract, the Actor receives a predetermined fixed payment for their participation in the infomercial, regardless of sales performance or other factors. This provides the Actor with a guaranteed income. 3. Rights Agreement: A Rights Agreement, often included as an exhibit to the contract, outlines the ownership and usage rights of the infomercial. It states that the Television Advertising Production Company owns the copyright and has the exclusive right to distribute and exploit the infomercial. 4. Non-Disclosure Agreement (NDA): To protect sensitive and confidential information shared during the collaboration, a Non-Disclosure Agreement (NDA) may be included. This contract prohibits the Actor from disclosing any trade secrets, proprietary information, or other confidential details related to the infomercial production. 5. Limitations of Liability: In a Harris Texas Contract between a Television Advertising Production Company and an Actor, it's common to include a section on limitations of liability. This section seeks to limit the financial responsibility of both parties in case of breach, production delays, or other unforeseen circumstances that may arise during the infomercial production process. 6. Termination Clause: A Termination Clause is an important element in any contract. It defines the conditions under which either party may terminate the contract. It typically includes provisions for termination due to breach, mutual agreement, or force majeure events (such as natural disasters) that hinder the completion of the infomercial. Conclusion: Harris Texas Contracts between Television Advertising Production Companies and Actors for infomercial production are crucial to establishing a clear understanding of each party's rights and obligations. The types of contracts can vary, including Pay-Per-Performance, Fixed Compensation, Rights Agreement, Non-Disclosure Agreement, and Termination Clause. It is essential for both parties to carefully negotiate and review the contract terms to ensure a successful and mutually beneficial collaboration in the production of infomercials.Title: Harris Texas Contract Between Television Advertising Production Company and Actor for Infomercial Production: Types and Detailed Description Introduction: In Harris, Texas, a contract between a Television Advertising Production Company and an Actor for an infomercial production is essential to ensure both parties understand their respective obligations and protect their rights. This article provides a detailed description of such a contract and highlights different types that may exist. 1. Pay-Per-Performance Contract: The Pay-Per-Performance Contract is a type of agreement commonly used in the television advertising industry. In this contract, the Actor's compensation is directly linked to the performance of the infomercial. It may involve a percentage of sales generated by the infomercial or a fixed payment per unit sold. 2. Fixed Compensation Contract: The Fixed Compensation Contract is another common type of agreement used between Television Advertising Production Companies and Actors. Under this contract, the Actor receives a predetermined fixed payment for their participation in the infomercial, regardless of sales performance or other factors. This provides the Actor with a guaranteed income. 3. Rights Agreement: A Rights Agreement, often included as an exhibit to the contract, outlines the ownership and usage rights of the infomercial. It states that the Television Advertising Production Company owns the copyright and has the exclusive right to distribute and exploit the infomercial. 4. Non-Disclosure Agreement (NDA): To protect sensitive and confidential information shared during the collaboration, a Non-Disclosure Agreement (NDA) may be included. This contract prohibits the Actor from disclosing any trade secrets, proprietary information, or other confidential details related to the infomercial production. 5. Limitations of Liability: In a Harris Texas Contract between a Television Advertising Production Company and an Actor, it's common to include a section on limitations of liability. This section seeks to limit the financial responsibility of both parties in case of breach, production delays, or other unforeseen circumstances that may arise during the infomercial production process. 6. Termination Clause: A Termination Clause is an important element in any contract. It defines the conditions under which either party may terminate the contract. It typically includes provisions for termination due to breach, mutual agreement, or force majeure events (such as natural disasters) that hinder the completion of the infomercial. Conclusion: Harris Texas Contracts between Television Advertising Production Companies and Actors for infomercial production are crucial to establishing a clear understanding of each party's rights and obligations. The types of contracts can vary, including Pay-Per-Performance, Fixed Compensation, Rights Agreement, Non-Disclosure Agreement, and Termination Clause. It is essential for both parties to carefully negotiate and review the contract terms to ensure a successful and mutually beneficial collaboration in the production of infomercials.
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.
