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.
Arkansas Contracts between Television Advertising Production Company and Actor to do Infomercials: 1. Overview: An Arkansas contract between a television advertising production company and an actor to do infomercials is a legally binding agreement that outlines the terms and conditions under which the actor will provide their services for the production and promotion of infomercials. These contracts typically cover aspects such as compensation, intellectual property rights, obligations of both parties, and any additional terms relevant to the specific project. 2. Detailed Description: — Parties: Clearly state the names and addresses of both the television advertising production company and the actor involved in the contract. — Project Details: Describe the infomercial project in detail, including its purpose, duration, and any specific requirements or expectations. — Scope of Services: Specify the actor's responsibilities, such as appearing in the infomercial, delivering lines, demonstrating products, or any other required tasks. — Compensation: Outline the agreed-upon payment structure for the actor's services. This may include an upfront fee, residuals, bonuses, or a combination of these. — Intellectual Property: Address ownership and usage rights of the finished infomercial. Determine whether the actor will retain any rights or if all rights will be transferred to the television advertising production company. — Non-Disclosure and Confidentiality: Include provisions to protect any confidential information shared during the project and prohibit the actor from disclosing such information to third parties. — Indemnification: Specify any liability or damages the actor may be responsible for in case of intellectual property infringement, defamation, or any other violations caused due to their actions. — Termination: Establish the conditions under which either party can terminate the contract. This may include breaches of contract, failure to perform specified obligations, or mutually agreed-upon circumstances. — Governing Law: State that the contract will be governed by the laws of the state of Arkansas, ensuring that any disputes will be resolved according to the state's legal system. Different Types of Arkansas Contracts between Television Advertising Production Company and Actor to do Infomercials: 1. Fixed-Term Contracts: These contracts specify a predetermined length or term during which the actor will provide their services for the infomercial. Once the term ends, the contract may be renegotiated or terminated. 2. Perpetual Contracts: In some cases, a perpetual contract may be used, allowing the television advertising production company to use the actor's services indefinitely until either party terminates the agreement. 3. Exclusive Contracts: This type of contract may grant exclusive rights to the actor, preventing them from participating in other competing infomercials or similar projects during the contract's duration. 4. Non-Exclusive Contracts: These contracts allow the actor to work on other projects simultaneously, as long as it does not interfere with their obligations to the television advertising production company. 5. Service Contracts: These contracts outline the specific services the actor will provide, such as hosting, presenting, or endorsing products in the infomercial, without delving into the specific details of the project itself. Keywords: Arkansas, contract, television advertising, production company, actor, infomercial, compensation, intellectual property, obligations, non-disclosure, termination, governing law.Arkansas Contracts between Television Advertising Production Company and Actor to do Infomercials: 1. Overview: An Arkansas contract between a television advertising production company and an actor to do infomercials is a legally binding agreement that outlines the terms and conditions under which the actor will provide their services for the production and promotion of infomercials. These contracts typically cover aspects such as compensation, intellectual property rights, obligations of both parties, and any additional terms relevant to the specific project. 2. Detailed Description: — Parties: Clearly state the names and addresses of both the television advertising production company and the actor involved in the contract. — Project Details: Describe the infomercial project in detail, including its purpose, duration, and any specific requirements or expectations. — Scope of Services: Specify the actor's responsibilities, such as appearing in the infomercial, delivering lines, demonstrating products, or any other required tasks. — Compensation: Outline the agreed-upon payment structure for the actor's services. This may include an upfront fee, residuals, bonuses, or a combination of these. — Intellectual Property: Address ownership and usage rights of the finished infomercial. Determine whether the actor will retain any rights or if all rights will be transferred to the television advertising production company. — Non-Disclosure and Confidentiality: Include provisions to protect any confidential information shared during the project and prohibit the actor from disclosing such information to third parties. — Indemnification: Specify any liability or damages the actor may be responsible for in case of intellectual property infringement, defamation, or any other violations caused due to their actions. — Termination: Establish the conditions under which either party can terminate the contract. This may include breaches of contract, failure to perform specified obligations, or mutually agreed-upon circumstances. — Governing Law: State that the contract will be governed by the laws of the state of Arkansas, ensuring that any disputes will be resolved according to the state's legal system. Different Types of Arkansas Contracts between Television Advertising Production Company and Actor to do Infomercials: 1. Fixed-Term Contracts: These contracts specify a predetermined length or term during which the actor will provide their services for the infomercial. Once the term ends, the contract may be renegotiated or terminated. 2. Perpetual Contracts: In some cases, a perpetual contract may be used, allowing the television advertising production company to use the actor's services indefinitely until either party terminates the agreement. 3. Exclusive Contracts: This type of contract may grant exclusive rights to the actor, preventing them from participating in other competing infomercials or similar projects during the contract's duration. 4. Non-Exclusive Contracts: These contracts allow the actor to work on other projects simultaneously, as long as it does not interfere with their obligations to the television advertising production company. 5. Service Contracts: These contracts outline the specific services the actor will provide, such as hosting, presenting, or endorsing products in the infomercial, without delving into the specific details of the project itself. Keywords: Arkansas, contract, television advertising, production company, actor, infomercial, compensation, intellectual property, obligations, non-disclosure, termination, governing law.
