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.
Maryland Contracts: Comprehensive Guide to Television Advertising Infomercial Agreements Introduction: In the vibrant realm of television advertising, production companies often collaborate with actors to create captivating infomercials that promote products and services. To ensure a smooth working relationship, it is crucial for both parties to have a clear understanding of their rights, obligations, and the scope of the project. In the state of Maryland, specific contract types regulate the engagement between television advertising production companies and actors. This comprehensive guide will explore the various Maryland contracts associated with infomercials and shed light on the important terms and conditions. 1. Maryland Exclusive Talent Agreement: Maryland Exclusive Talent Agreement is a common type of contract utilized between television advertising production companies and actors in the state. This agreement establishes an exclusive relationship between the actor and the production company for a specified period. It outlines the actor's commitment to exclusively work for the production company regarding all infomercial projects during the agreement's term. Keywords: Maryland Exclusive Talent Agreement, infomercial, television advertising, production company, actor, exclusive relationship, commitment, specified period. 2. Maryland Infomercial Appearance Release: The Maryland Infomercial Appearance Release is a fundamental contract that grants the television advertising production company the right to use an actor's likeness, voice, and performance in their infomercials. It specifies the rights regarding the medium and duration of use and ensures the actor's consent for the company to exploit their appearance for promotional purposes. Keywords: Maryland Infomercial Appearance Release, actor, television advertising production company, likeness, voice, performance, infomercial, promotional purposes, consent. 3. Maryland Compensation Agreement: The Maryland Compensation Agreement governs the financial aspect of the partnership between the television advertising production company and the actor. It outlines the compensation structure, payment terms, and any additional benefits or royalties the actor may be entitled to for their participation in the infomercial, including, but not limited to, usage fees, residuals, and bonuses. Keywords: Maryland Compensation Agreement, television advertising production company, actor, compensation structure, payment terms, benefits, royalties, infomercial, usage fees, residuals, bonuses. 4. Maryland Non-Disclosure Agreement: The Maryland Non-Disclosure Agreement (NDA) is crucial to protect confidential information shared between the television advertising production company and the actor during the infomercial production. This agreement ensures that both parties maintain the confidentiality of trade secrets, marketing strategies, product details, and any sensitive information they acquire throughout the project. Keywords: Maryland Non-Disclosure Agreement, confidential information, television advertising production company, actor, infomercial production, trade secrets, marketing strategies, product details, sensitive information. Conclusion: Understanding the different types of Maryland contracts associated with infomercials allows television advertising production companies and actors to establish a strong working relationship based on clear expectations and mutual trust. The Maryland Exclusive Talent Agreement, Infomercial Appearance Release, Compensation Agreement, and Non-Disclosure Agreement serve as essential tools in safeguarding the rights of both parties and ensuring a successful collaboration in the dynamic world of television advertising infomercials. Keywords: Maryland contracts, infomercials, television advertising, production company, actor, Exclusive Talent Agreement, Infomercial Appearance Release, Compensation Agreement, Non-Disclosure Agreement, rights, obligations, partnership, financial, confidentiality.Maryland Contracts: Comprehensive Guide to Television Advertising Infomercial Agreements Introduction: In the vibrant realm of television advertising, production companies often collaborate with actors to create captivating infomercials that promote products and services. To ensure a smooth working relationship, it is crucial for both parties to have a clear understanding of their rights, obligations, and the scope of the project. In the state of Maryland, specific contract types regulate the engagement between television advertising production companies and actors. This comprehensive guide will explore the various Maryland contracts associated with infomercials and shed light on the important terms and conditions. 1. Maryland Exclusive Talent Agreement: Maryland Exclusive Talent Agreement is a common type of contract utilized between television advertising production companies and actors in the state. This agreement establishes an exclusive relationship between the actor and the production company for a specified period. It outlines the actor's commitment to exclusively work for the production company regarding all infomercial projects during the agreement's term. Keywords: Maryland Exclusive Talent Agreement, infomercial, television advertising, production company, actor, exclusive relationship, commitment, specified period. 2. Maryland Infomercial Appearance Release: The Maryland Infomercial Appearance Release is a fundamental contract that grants the television advertising production company the right to use an actor's likeness, voice, and performance in their infomercials. It specifies the rights regarding the medium and duration of use and ensures the actor's consent for the company to exploit their appearance for promotional purposes. Keywords: Maryland Infomercial Appearance Release, actor, television advertising production company, likeness, voice, performance, infomercial, promotional purposes, consent. 3. Maryland Compensation Agreement: The Maryland Compensation Agreement governs the financial aspect of the partnership between the television advertising production company and the actor. It outlines the compensation structure, payment terms, and any additional benefits or royalties the actor may be entitled to for their participation in the infomercial, including, but not limited to, usage fees, residuals, and bonuses. Keywords: Maryland Compensation Agreement, television advertising production company, actor, compensation structure, payment terms, benefits, royalties, infomercial, usage fees, residuals, bonuses. 4. Maryland Non-Disclosure Agreement: The Maryland Non-Disclosure Agreement (NDA) is crucial to protect confidential information shared between the television advertising production company and the actor during the infomercial production. This agreement ensures that both parties maintain the confidentiality of trade secrets, marketing strategies, product details, and any sensitive information they acquire throughout the project. Keywords: Maryland Non-Disclosure Agreement, confidential information, television advertising production company, actor, infomercial production, trade secrets, marketing strategies, product details, sensitive information. Conclusion: Understanding the different types of Maryland contracts associated with infomercials allows television advertising production companies and actors to establish a strong working relationship based on clear expectations and mutual trust. The Maryland Exclusive Talent Agreement, Infomercial Appearance Release, Compensation Agreement, and Non-Disclosure Agreement serve as essential tools in safeguarding the rights of both parties and ensuring a successful collaboration in the dynamic world of television advertising infomercials. Keywords: Maryland contracts, infomercials, television advertising, production company, actor, Exclusive Talent Agreement, Infomercial Appearance Release, Compensation Agreement, Non-Disclosure Agreement, rights, obligations, partnership, financial, confidentiality.
