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.
Mississippi Contract Between Television Advertising Production Company and Actor to do Infomercial Keywords: Mississippi, contract, television advertising, production company, actor, infomercial Introduction: A Mississippi contract between a television advertising production company and an actor to do an infomercial is a legal agreement that outlines the obligations, rights, and responsibilities of both parties involved in the production and airing of an infomercial in the state of Mississippi. This contract ensures clear communication, protects the interests of all parties, and establishes a mutually beneficial working relationship. Types of Mississippi Contracts Between Television Advertising Production Company and Actor for Infomercials: 1. Talent Agreement Contract: This type of contract specifies the terms and conditions of the actor's involvement in the infomercial production. It covers compensation, talent release, scheduling, exclusivity rights, and any specific requirements related to the actor's appearance, performance, or endorsements. 2. Production Agreement Contract: A production agreement contract outlines the terms and responsibilities of the television advertising production company. It includes details such as production timeline, shooting locations, budget allocation, usage rights of the finished infomercial, liability provisions, and other production-related aspects. 3. Usage Rights Agreement Contract: This contract covers the distribution and usage rights of the infomercial. It grants the television advertising production company the necessary rights to broadcast, reproduce, distribute, and display the infomercial through various media channels, including television, internet, and social media platforms. 4. Non-Disclosure Agreement (NDA): An NDA may be included as an addendum to the contract, ensuring that both parties maintain the confidentiality of any proprietary or sensitive information disclosed during the infomercial production process. This protects trade secrets, strategies, and prevents unauthorized disclosure of behind-the-scenes information. 5. Dispute Resolution Agreement: To address potential conflicts, a dispute resolution agreement can be included in the contract. It establishes the procedures to resolve any disputes or disagreements that may arise during the production or airing of the infomercial. Options such as mediation or arbitration can be specified to facilitate a fair and efficient resolution process. Key Elements of the Contract: 1. Parties involved: The contract should clearly identify the television advertising production company and the actor by their legal names, addresses, contact information, and other relevant details. 2. Detailed Scope of Work: The contract should outline the specific requirements, expectations, and deliverables for the infomercial production, including the duration of the infomercial, script details, shooting schedule, and any unique specifications. 3. Compensation and Payment: The contract must specify the agreed-upon compensation for the actor's services, including any additional fees or royalties. It should also define the payment terms, frequency, and methods of payment. 4. Intellectual Property Rights: The contract should address the ownership and usage rights of the infomercial's intellectual property, including copyrights, trademarks, and any related materials. It should clearly state the rights granted to the television advertising production company and any limitations on the actor's usage of the finished infomercial. 5. Indemnification: The contract should include clauses that protect both the television advertising production company and the actor from any liabilities, claims, or damages arising from third-party actions or events related to the infomercial production. Conclusion: A Mississippi contract between a television advertising production company and an actor to do an infomercial is a crucial document that establishes the terms and conditions for a successful collaboration. By incorporating the mentioned types of contracts and key elements, both parties can ensure a smooth process, legal protection, and a mutually beneficial outcome in the production and airing of the infomercial.Mississippi Contract Between Television Advertising Production Company and Actor to do Infomercial Keywords: Mississippi, contract, television advertising, production company, actor, infomercial Introduction: A Mississippi contract between a television advertising production company and an actor to do an infomercial is a legal agreement that outlines the obligations, rights, and responsibilities of both parties involved in the production and airing of an infomercial in the state of Mississippi. This contract ensures clear communication, protects the interests of all parties, and establishes a mutually beneficial working relationship. Types of Mississippi Contracts Between Television Advertising Production Company and Actor for Infomercials: 1. Talent Agreement Contract: This type of contract specifies the terms and conditions of the actor's involvement in the infomercial production. It covers compensation, talent release, scheduling, exclusivity rights, and any specific requirements related to the actor's appearance, performance, or endorsements. 2. Production Agreement Contract: A production agreement contract outlines the terms and responsibilities of the television advertising production company. It includes details such as production timeline, shooting locations, budget allocation, usage rights of the finished infomercial, liability provisions, and other production-related aspects. 3. Usage Rights Agreement Contract: This contract covers the distribution and usage rights of the infomercial. It grants the television advertising production company the necessary rights to broadcast, reproduce, distribute, and display the infomercial through various media channels, including television, internet, and social media platforms. 4. Non-Disclosure Agreement (NDA): An NDA may be included as an addendum to the contract, ensuring that both parties maintain the confidentiality of any proprietary or sensitive information disclosed during the infomercial production process. This protects trade secrets, strategies, and prevents unauthorized disclosure of behind-the-scenes information. 5. Dispute Resolution Agreement: To address potential conflicts, a dispute resolution agreement can be included in the contract. It establishes the procedures to resolve any disputes or disagreements that may arise during the production or airing of the infomercial. Options such as mediation or arbitration can be specified to facilitate a fair and efficient resolution process. Key Elements of the Contract: 1. Parties involved: The contract should clearly identify the television advertising production company and the actor by their legal names, addresses, contact information, and other relevant details. 2. Detailed Scope of Work: The contract should outline the specific requirements, expectations, and deliverables for the infomercial production, including the duration of the infomercial, script details, shooting schedule, and any unique specifications. 3. Compensation and Payment: The contract must specify the agreed-upon compensation for the actor's services, including any additional fees or royalties. It should also define the payment terms, frequency, and methods of payment. 4. Intellectual Property Rights: The contract should address the ownership and usage rights of the infomercial's intellectual property, including copyrights, trademarks, and any related materials. It should clearly state the rights granted to the television advertising production company and any limitations on the actor's usage of the finished infomercial. 5. Indemnification: The contract should include clauses that protect both the television advertising production company and the actor from any liabilities, claims, or damages arising from third-party actions or events related to the infomercial production. Conclusion: A Mississippi contract between a television advertising production company and an actor to do an infomercial is a crucial document that establishes the terms and conditions for a successful collaboration. By incorporating the mentioned types of contracts and key elements, both parties can ensure a smooth process, legal protection, and a mutually beneficial outcome in the production and airing of the infomercial.
