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.
Mecklenburg North Carolina Contract between Television Advertising Production Company and Actor to do Infomercial In Mecklenburg County, North Carolina, there are various types of contracts that can be established between a television advertising production company and an actor for the purpose of creating an infomercial. These contracts are designed to outline the rights, obligations, and expectations of both parties involved in the production process. Below, we will delve into the different types of contracts that can be utilized in Mecklenburg North Carolina: 1. Standard Infomercial Contract: This is the most common type of contract used in Mecklenburg County for infomercial productions. It encompasses the general terms and conditions that outline the roles and responsibilities of the television advertising production company and the actor. It includes clauses related to compensation, assignment of rights, confidentiality, exclusivity, and termination. 2. Non-Disclosure Agreement (NDA): In some cases, a separate NDA may be required to protect sensitive information shared during the production process. This agreement ensures that both parties involved maintain confidentiality regarding trade secrets, intellectual property, and any proprietary information related to the infomercial. 3. Performance Agreement: This type of contract is specific to actors who are hired based on their performance abilities, such as hosting, presenting, or demonstrating products in the infomercial. It outlines the scope of work, performance expectations, rehearsal schedules, and any special skills required. 4. Licensing Agreement: In certain instances, an actor may be required to grant the television advertising production company the right to use their image, voice, and likeness in the infomercial. This agreement ensures that the actor grants the necessary licenses for the production company to exploit their performance for commercial purposes. 5. Work-for-Hire Agreement: If the actor is being hired as an employee rather than an independent contractor, a work-for-hire agreement may be necessary. This contract establishes that all rights and ownership of the infomercial, including any copyrights or trademarks, belong exclusively to the television advertising production company. When drafting these contracts in Mecklenburg North Carolina, it is essential to include relevant keywords such as infomercial, television advertising production company, actor, compensation, assignment of rights, confidentiality, exclusivity, termination, non-disclosure agreement, performance agreement, licensing agreement, work-for-hire agreement, and Mecklenburg County. The terms and conditions within these contracts must comply with local laws and regulations specific to Mecklenburg County and the state of North Carolina. It is recommended to consult with legal professionals who are knowledgeable about entertainment and contract law in Mecklenburg County to ensure that these contracts are comprehensive, legally binding, and protect the interests of both the television advertising production company and the actor involved in the infomercial.Mecklenburg North Carolina Contract between Television Advertising Production Company and Actor to do Infomercial In Mecklenburg County, North Carolina, there are various types of contracts that can be established between a television advertising production company and an actor for the purpose of creating an infomercial. These contracts are designed to outline the rights, obligations, and expectations of both parties involved in the production process. Below, we will delve into the different types of contracts that can be utilized in Mecklenburg North Carolina: 1. Standard Infomercial Contract: This is the most common type of contract used in Mecklenburg County for infomercial productions. It encompasses the general terms and conditions that outline the roles and responsibilities of the television advertising production company and the actor. It includes clauses related to compensation, assignment of rights, confidentiality, exclusivity, and termination. 2. Non-Disclosure Agreement (NDA): In some cases, a separate NDA may be required to protect sensitive information shared during the production process. This agreement ensures that both parties involved maintain confidentiality regarding trade secrets, intellectual property, and any proprietary information related to the infomercial. 3. Performance Agreement: This type of contract is specific to actors who are hired based on their performance abilities, such as hosting, presenting, or demonstrating products in the infomercial. It outlines the scope of work, performance expectations, rehearsal schedules, and any special skills required. 4. Licensing Agreement: In certain instances, an actor may be required to grant the television advertising production company the right to use their image, voice, and likeness in the infomercial. This agreement ensures that the actor grants the necessary licenses for the production company to exploit their performance for commercial purposes. 5. Work-for-Hire Agreement: If the actor is being hired as an employee rather than an independent contractor, a work-for-hire agreement may be necessary. This contract establishes that all rights and ownership of the infomercial, including any copyrights or trademarks, belong exclusively to the television advertising production company. When drafting these contracts in Mecklenburg North Carolina, it is essential to include relevant keywords such as infomercial, television advertising production company, actor, compensation, assignment of rights, confidentiality, exclusivity, termination, non-disclosure agreement, performance agreement, licensing agreement, work-for-hire agreement, and Mecklenburg County. The terms and conditions within these contracts must comply with local laws and regulations specific to Mecklenburg County and the state of North Carolina. It is recommended to consult with legal professionals who are knowledgeable about entertainment and contract law in Mecklenburg County to ensure that these contracts are comprehensive, legally binding, and protect the interests of both the television advertising production company and the actor involved in the infomercial.
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.
