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: Montana Contract between Television Advertising Production Company and Actor to do Infomercial Keywords: Montana contract, television advertising, production company, actor, infomercial Description: A Montana contract between a television advertising production company and an actor to create an infomercial is a legal agreement that outlines the terms and conditions of their collaboration. This document ensures that both parties are on the same page regarding their obligations, compensation, and the use of the final products. Here are some variations of Montana contracts that exist concerning infomercial agreements: 1. Montana Infomercial Production Agreement: This type of contract governs the working relationship between a television advertising production company and an actor hired specifically for infomercial production. It includes the scope of work, payment terms, usage rights, intellectual property ownership, and confidentiality clauses. 2. Montana Talent Agreement for Infomercial Production: This contract focuses solely on the actor's involvement in the infomercial production. It outlines their responsibilities, compensation, likeness rights, exclusivity clauses, and any specific terms concerning their participation. 3. Montana Appearance Release Form for Infomercial: This contract is signed by actors who make guest appearances or testimonials within an infomercial. It grants the production company the right to use their image, name, and likeness in advertising materials related to the infomercial. It may also include remuneration clauses and exclusivity terms. 4. Montana Royalty Agreement for Infomercial Airings: In cases where the actor is entitled to royalties based on the infomercial's performance, this contract establishes the terms and conditions for royalty payments. It outlines the calculation method, payment frequency, and any provisions related to the agreement's termination. Key Elements Typically Included in These Contracts: 1. Parties Involved: Clearly identify the production company and the actor participating in the infomercial project. 2. Scope of Work: Outline the specific tasks and responsibilities the actor is expected to perform during the infomercial production. 3. Compensation: Detail the agreed-upon payment structure, including any upfront fees, bonuses, or royalties. 4. Usage Rights and Intellectual Property Ownership: Specify the rights granted to the production company over the final infomercial, including any restrictions or limitations. 5. Confidentiality: Include provisions to protect any confidential information shared during the project. 6. Indemnification: Determine the responsibilities of each party regarding potential legal claims arising from the infomercial's production or airing. 7. Termination: Outline the circumstances and procedures for terminating the contract before the agreed-upon period or completion of specific deliverables. Remember, each Montana contract between a television advertising production company and an actor to create an infomercial should be tailored to the needs and expectations of the parties involved. It is recommended to consult with legal professionals to ensure compliance with all relevant laws and regulations.Title: Montana Contract between Television Advertising Production Company and Actor to do Infomercial Keywords: Montana contract, television advertising, production company, actor, infomercial Description: A Montana contract between a television advertising production company and an actor to create an infomercial is a legal agreement that outlines the terms and conditions of their collaboration. This document ensures that both parties are on the same page regarding their obligations, compensation, and the use of the final products. Here are some variations of Montana contracts that exist concerning infomercial agreements: 1. Montana Infomercial Production Agreement: This type of contract governs the working relationship between a television advertising production company and an actor hired specifically for infomercial production. It includes the scope of work, payment terms, usage rights, intellectual property ownership, and confidentiality clauses. 2. Montana Talent Agreement for Infomercial Production: This contract focuses solely on the actor's involvement in the infomercial production. It outlines their responsibilities, compensation, likeness rights, exclusivity clauses, and any specific terms concerning their participation. 3. Montana Appearance Release Form for Infomercial: This contract is signed by actors who make guest appearances or testimonials within an infomercial. It grants the production company the right to use their image, name, and likeness in advertising materials related to the infomercial. It may also include remuneration clauses and exclusivity terms. 4. Montana Royalty Agreement for Infomercial Airings: In cases where the actor is entitled to royalties based on the infomercial's performance, this contract establishes the terms and conditions for royalty payments. It outlines the calculation method, payment frequency, and any provisions related to the agreement's termination. Key Elements Typically Included in These Contracts: 1. Parties Involved: Clearly identify the production company and the actor participating in the infomercial project. 2. Scope of Work: Outline the specific tasks and responsibilities the actor is expected to perform during the infomercial production. 3. Compensation: Detail the agreed-upon payment structure, including any upfront fees, bonuses, or royalties. 4. Usage Rights and Intellectual Property Ownership: Specify the rights granted to the production company over the final infomercial, including any restrictions or limitations. 5. Confidentiality: Include provisions to protect any confidential information shared during the project. 6. Indemnification: Determine the responsibilities of each party regarding potential legal claims arising from the infomercial's production or airing. 7. Termination: Outline the circumstances and procedures for terminating the contract before the agreed-upon period or completion of specific deliverables. Remember, each Montana contract between a television advertising production company and an actor to create an infomercial should be tailored to the needs and expectations of the parties involved. It is recommended to consult with legal professionals to ensure compliance with all relevant laws and regulations.
