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.
San Antonio Texas is a vibrant city located in the southern part of the state. Known for its rich history, cultural attractions, and lively entertainment scene, San Antonio offers a diverse range of experiences for residents and tourists alike. When it comes to television advertising production, San Antonio serves as an ideal location due to its picturesque settings, modern production facilities, and skilled professionals in the industry. The city attracts numerous television advertising production companies, who collaborate with local actors to create engaging infomercials that effectively promote products or services. The contract between a television advertising production company and an actor to do an infomercial in San Antonio typically involves several important elements to ensure a successful collaboration. These contracts may differ based on the project requirements, the duration of the infomercial, and the compensation terms. Some common types of contracts in San Antonio Texas are: 1. Fixed-term Contract: This type of contract establishes a specific duration for the actor's involvement in the infomercial production. It outlines the start and end dates of the project, along with the required number of shooting days and any specific schedule constraints. 2. Exclusive Contract: An exclusive contract ensures that the actor will solely work with the particular television advertising production company for a specified period, preventing them from participating in other competing projects during that time. 3. Rights and Usage Contract: This contract defines the rights and usage terms of the infomercial's footage. It outlines how the production company can use the actor's image, voice, and likeness, including any limitations or restrictions on distribution, broadcasting, or future modifications. 4. Compensation Agreement: This type of contract clearly states the actor's payment for their services on the infomercial. It includes details such as the agreed-upon hourly/daily rate, bonuses, royalties, or any additional compensation tied to the infomercial's success, such as sales commissions or profit-sharing agreements. 5. Non-Disclosure Agreement: In some cases, a non-disclosure agreement might be required to protect confidential information shared during the infomercial production process. This contract ensures that the actor will not disclose any behind-the-scenes details, trade secrets, or other sensitive information related to the production to third parties. It's vital for both the television advertising production company and the actor to carefully review and negotiate all the contractual terms to avoid any misunderstandings or disputes that may arise during the infomercial production process. By establishing clear expectations and addressing important aspects, such as compensation, usage rights, and project duration, the contract serves as a solid foundation for a successful collaboration in San Antonio, Texas.San Antonio Texas is a vibrant city located in the southern part of the state. Known for its rich history, cultural attractions, and lively entertainment scene, San Antonio offers a diverse range of experiences for residents and tourists alike. When it comes to television advertising production, San Antonio serves as an ideal location due to its picturesque settings, modern production facilities, and skilled professionals in the industry. The city attracts numerous television advertising production companies, who collaborate with local actors to create engaging infomercials that effectively promote products or services. The contract between a television advertising production company and an actor to do an infomercial in San Antonio typically involves several important elements to ensure a successful collaboration. These contracts may differ based on the project requirements, the duration of the infomercial, and the compensation terms. Some common types of contracts in San Antonio Texas are: 1. Fixed-term Contract: This type of contract establishes a specific duration for the actor's involvement in the infomercial production. It outlines the start and end dates of the project, along with the required number of shooting days and any specific schedule constraints. 2. Exclusive Contract: An exclusive contract ensures that the actor will solely work with the particular television advertising production company for a specified period, preventing them from participating in other competing projects during that time. 3. Rights and Usage Contract: This contract defines the rights and usage terms of the infomercial's footage. It outlines how the production company can use the actor's image, voice, and likeness, including any limitations or restrictions on distribution, broadcasting, or future modifications. 4. Compensation Agreement: This type of contract clearly states the actor's payment for their services on the infomercial. It includes details such as the agreed-upon hourly/daily rate, bonuses, royalties, or any additional compensation tied to the infomercial's success, such as sales commissions or profit-sharing agreements. 5. Non-Disclosure Agreement: In some cases, a non-disclosure agreement might be required to protect confidential information shared during the infomercial production process. This contract ensures that the actor will not disclose any behind-the-scenes details, trade secrets, or other sensitive information related to the production to third parties. It's vital for both the television advertising production company and the actor to carefully review and negotiate all the contractual terms to avoid any misunderstandings or disputes that may arise during the infomercial production process. By establishing clear expectations and addressing important aspects, such as compensation, usage rights, and project duration, the contract serves as a solid foundation for a successful collaboration in San Antonio, Texas.
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.
