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: Massachusetts Contract between Television Advertising Production Company and Actor to Do Infomercial — Comprehensive Guide Keywords: Massachusetts contract, television advertising production company, actor, infomercial, types Introduction: A Massachusetts contract between a television advertising production company and an actor to produce an infomercial outlines the legal obligations, rights, and responsibilities of both parties involved in the production process. This agreement safeguards the interests of both the company and the actor, ensuring the smooth execution of the project. Below, we discuss the various types of contracts that may be employed in Massachusetts for an infomercial production. 1. Standard Massachusetts Contract between a Television Advertising Production Company and Actor: This type of contract serves as a foundation for most infomercial collaborations. It primarily focuses on key elements such as compensation, rights and usage, duration, exclusivity, termination, and general contractual obligations, which bind both the production company and the actor together. 2. Massachusetts Contract for Product Endorsement Infomercial: In cases where an infomercial involves the endorsement of a specific product or service, a specialized contract may be required. This contract will include additional clauses related to the product endorsement, usage rights, the actor's responsibility, advertising standards, and any restrictions on the actor's participation in rival endorsement contracts. 3. Massachusetts Contract for Long-Term Infomercials: Long-term infomercial agreements may arise when the television advertising production company intends to create a series of infomercials or ongoing campaigns. These contracts typically encompass conditions related to multi-episode commitments, exclusive actor agreements, renewal terms, compensation adjustments, and additional clauses regarding the use of the actor's likeness, brand consistency, and scheduling. 4. Massachusetts Contract for Infomercial Talent Agencies: In situations where a talent agency acts as the intermediary between the television advertising production company and the actor, a specialized contract may be required. This contract would outline aspects such as talent agency commissions, rights, and representation, financial arrangements, and dispute resolution procedures. Conclusion: Crafting a Massachusetts contract between a television advertising production company and an actor for an infomercial entails careful consideration of specific details. These contracts ensure that both parties are protected and have a clear understanding of their roles, responsibilities, and rights. By establishing a comprehensive agreement that addresses the industry's requirements, infomercial productions can proceed efficiently, fostering successful collaborations.Title: Massachusetts Contract between Television Advertising Production Company and Actor to Do Infomercial — Comprehensive Guide Keywords: Massachusetts contract, television advertising production company, actor, infomercial, types Introduction: A Massachusetts contract between a television advertising production company and an actor to produce an infomercial outlines the legal obligations, rights, and responsibilities of both parties involved in the production process. This agreement safeguards the interests of both the company and the actor, ensuring the smooth execution of the project. Below, we discuss the various types of contracts that may be employed in Massachusetts for an infomercial production. 1. Standard Massachusetts Contract between a Television Advertising Production Company and Actor: This type of contract serves as a foundation for most infomercial collaborations. It primarily focuses on key elements such as compensation, rights and usage, duration, exclusivity, termination, and general contractual obligations, which bind both the production company and the actor together. 2. Massachusetts Contract for Product Endorsement Infomercial: In cases where an infomercial involves the endorsement of a specific product or service, a specialized contract may be required. This contract will include additional clauses related to the product endorsement, usage rights, the actor's responsibility, advertising standards, and any restrictions on the actor's participation in rival endorsement contracts. 3. Massachusetts Contract for Long-Term Infomercials: Long-term infomercial agreements may arise when the television advertising production company intends to create a series of infomercials or ongoing campaigns. These contracts typically encompass conditions related to multi-episode commitments, exclusive actor agreements, renewal terms, compensation adjustments, and additional clauses regarding the use of the actor's likeness, brand consistency, and scheduling. 4. Massachusetts Contract for Infomercial Talent Agencies: In situations where a talent agency acts as the intermediary between the television advertising production company and the actor, a specialized contract may be required. This contract would outline aspects such as talent agency commissions, rights, and representation, financial arrangements, and dispute resolution procedures. Conclusion: Crafting a Massachusetts contract between a television advertising production company and an actor for an infomercial entails careful consideration of specific details. These contracts ensure that both parties are protected and have a clear understanding of their roles, responsibilities, and rights. By establishing a comprehensive agreement that addresses the industry's requirements, infomercial productions can proceed efficiently, fostering successful collaborations.
