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 Jose, California, is a vibrant city located in the heart of Silicon Valley. It is known for its thriving technology industry, diverse population, and rich cultural heritage. With a population of over 1 million people, San Jose offers a bustling urban environment while also boasting numerous parks and green spaces for residents and visitors to enjoy. When it comes to contracts between Television Advertising Production Companies and Actors to do Infomercials in San Jose, there are a few different types that may be encountered: 1. Standard Infomercial Contract: This type of contract outlines the terms and conditions agreed upon by the television advertising production company and the actor for the creation and broadcast of an infomercial. It typically includes details such as compensation, shooting schedule, copyright ownership, and any additional clauses specific to the project. 2. Exclusive Infomercial Contract: An exclusive contract is generally entered into when the television advertising production company wants to secure the sole services of a particular actor for a specific period. This contract would prevent the actor from taking part in any similar infomercial projects with competing companies during the agreement's term. 3. Pay-Per-Lead Infomercial Contract: In this type of contract, the actor's compensation is based on the number of leads generated from the infomercial. The television advertising production company and actor would agree on a set fee per lead, which may vary depending on the product or service being promoted. This contract encourages the actor to actively engage viewers and entice them to take action. 4. Royalty-based Infomercial Contract: With a royalty-based contract, the actor agrees to receive a percentage of the revenue generated from the sales resulting from the infomercial. This type of contract aligns the actor's compensation directly with the commercial's success and incentivizes them to promote the product or service effectively. Regardless of the type of contract, it is essential to detail the specific expectations, rights, and responsibilities of both the television advertising production company and the actor. This includes aspects such as the infomercial's length, shooting location, script approval, usage rights, and any performance-related obligations. In conclusion, San Jose, California, offers a thriving backdrop for contracts between Television Advertising Production Companies and Actors to create compelling infomercials. Whether it's a standard, exclusive, pay-per-lead, or royalty-based contract, the key is to establish clear terms that protect the interests of both parties and ensure the successful production and promotion of the infomercial.San Jose, California, is a vibrant city located in the heart of Silicon Valley. It is known for its thriving technology industry, diverse population, and rich cultural heritage. With a population of over 1 million people, San Jose offers a bustling urban environment while also boasting numerous parks and green spaces for residents and visitors to enjoy. When it comes to contracts between Television Advertising Production Companies and Actors to do Infomercials in San Jose, there are a few different types that may be encountered: 1. Standard Infomercial Contract: This type of contract outlines the terms and conditions agreed upon by the television advertising production company and the actor for the creation and broadcast of an infomercial. It typically includes details such as compensation, shooting schedule, copyright ownership, and any additional clauses specific to the project. 2. Exclusive Infomercial Contract: An exclusive contract is generally entered into when the television advertising production company wants to secure the sole services of a particular actor for a specific period. This contract would prevent the actor from taking part in any similar infomercial projects with competing companies during the agreement's term. 3. Pay-Per-Lead Infomercial Contract: In this type of contract, the actor's compensation is based on the number of leads generated from the infomercial. The television advertising production company and actor would agree on a set fee per lead, which may vary depending on the product or service being promoted. This contract encourages the actor to actively engage viewers and entice them to take action. 4. Royalty-based Infomercial Contract: With a royalty-based contract, the actor agrees to receive a percentage of the revenue generated from the sales resulting from the infomercial. This type of contract aligns the actor's compensation directly with the commercial's success and incentivizes them to promote the product or service effectively. Regardless of the type of contract, it is essential to detail the specific expectations, rights, and responsibilities of both the television advertising production company and the actor. This includes aspects such as the infomercial's length, shooting location, script approval, usage rights, and any performance-related obligations. In conclusion, San Jose, California, offers a thriving backdrop for contracts between Television Advertising Production Companies and Actors to create compelling infomercials. Whether it's a standard, exclusive, pay-per-lead, or royalty-based contract, the key is to establish clear terms that protect the interests of both parties and ensure the successful production and promotion of 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.
