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: North Carolina Contract Between Television Advertising Production Company and Actor to Do Infomercial Introduction: In the state of North Carolina, a contract between a Television Advertising Production Company and an Actor is crucial when producing an infomercial. This detailed description aims to shed light on the different types of contracts that can be established, initiating a successful collaboration between the production company and the actor. By incorporating appropriate keywords throughout the content, we will provide a comprehensive overview for both parties involved. Keywords: North Carolina, Contract, Television Advertising Production Company, Actor, Infomercial, Collaboration, Types 1. General Contract for Infomercial Production: The general contract serves as a foundation for any collaboration between a Television Advertising Production Company and an Actor in North Carolina. It outlines key terms and conditions such as compensation, intellectual property rights, non-disclosure agreements, and termination clauses. This contract provides a framework to ensure a smooth partnership while highlighting the importance of legal compliance. Keywords: General Contract, Collaboration, Compensation, Intellectual Property Rights, Non-disclosure Agreements, Termination Clauses, Legal Compliance. 2. Exclusive Infomercial Contract: In certain cases, the Television Advertising Production Company may require an exclusive contract with the Actor. This type of agreement specifies that the actor will not appear in a similar product-focused advertising campaign for any competing company within a predetermined timeframe. This contract ensures exclusivity and dedication to the infomercial project. Keywords: Exclusive Contract, Competition, Exclusivity, Dedicated, Product-focused, Advertising Campaign. 3. Non-Compete Agreement: An additional contract that may be included is a non-compete agreement. This document prohibits the actor from engaging in any competing business activities or appearing in a similar capacity for any other company during the production and airing of the infomercial. This protects the advertising company's interests and prevents conflicts of interest. Keywords: Non-Compete Agreement, Competing Business Activities, Conflict of Interest, Protection. 4. Talent Release Agreement: During the production of an infomercial in North Carolina, a talent release agreement is crucial. This contract grants the Television Advertising Production Company the right to use the actor's likeness, image, and performance in all forms of advertising, promotions, and marketing associated with the infomercial. It also contains compensation details, usage limitations, and the duration for which these rights apply. Keywords: Talent Release Agreement, Likeness, Image, Performance, Advertising, Promotions, Marketing, Compensation, Usage Limitations, Duration. Conclusion: Crafting the right contract when producing an infomercial in North Carolina is essential for the successful partnership between a Television Advertising Production Company and an Actor. The different types of contracts mentioned, including the general contract, exclusive infomercial contract, non-compete agreement, and talent release agreement, address various aspects of the collaboration, ensuring both parties' rights and obligations are clearly defined. Keywords: Contract, Infomercial Production, Collaboration, Rights, Obligations, Television Advertising, North Carolina.Title: North Carolina Contract Between Television Advertising Production Company and Actor to Do Infomercial Introduction: In the state of North Carolina, a contract between a Television Advertising Production Company and an Actor is crucial when producing an infomercial. This detailed description aims to shed light on the different types of contracts that can be established, initiating a successful collaboration between the production company and the actor. By incorporating appropriate keywords throughout the content, we will provide a comprehensive overview for both parties involved. Keywords: North Carolina, Contract, Television Advertising Production Company, Actor, Infomercial, Collaboration, Types 1. General Contract for Infomercial Production: The general contract serves as a foundation for any collaboration between a Television Advertising Production Company and an Actor in North Carolina. It outlines key terms and conditions such as compensation, intellectual property rights, non-disclosure agreements, and termination clauses. This contract provides a framework to ensure a smooth partnership while highlighting the importance of legal compliance. Keywords: General Contract, Collaboration, Compensation, Intellectual Property Rights, Non-disclosure Agreements, Termination Clauses, Legal Compliance. 2. Exclusive Infomercial Contract: In certain cases, the Television Advertising Production Company may require an exclusive contract with the Actor. This type of agreement specifies that the actor will not appear in a similar product-focused advertising campaign for any competing company within a predetermined timeframe. This contract ensures exclusivity and dedication to the infomercial project. Keywords: Exclusive Contract, Competition, Exclusivity, Dedicated, Product-focused, Advertising Campaign. 3. Non-Compete Agreement: An additional contract that may be included is a non-compete agreement. This document prohibits the actor from engaging in any competing business activities or appearing in a similar capacity for any other company during the production and airing of the infomercial. This protects the advertising company's interests and prevents conflicts of interest. Keywords: Non-Compete Agreement, Competing Business Activities, Conflict of Interest, Protection. 4. Talent Release Agreement: During the production of an infomercial in North Carolina, a talent release agreement is crucial. This contract grants the Television Advertising Production Company the right to use the actor's likeness, image, and performance in all forms of advertising, promotions, and marketing associated with the infomercial. It also contains compensation details, usage limitations, and the duration for which these rights apply. Keywords: Talent Release Agreement, Likeness, Image, Performance, Advertising, Promotions, Marketing, Compensation, Usage Limitations, Duration. Conclusion: Crafting the right contract when producing an infomercial in North Carolina is essential for the successful partnership between a Television Advertising Production Company and an Actor. The different types of contracts mentioned, including the general contract, exclusive infomercial contract, non-compete agreement, and talent release agreement, address various aspects of the collaboration, ensuring both parties' rights and obligations are clearly defined. Keywords: Contract, Infomercial Production, Collaboration, Rights, Obligations, Television Advertising, North Carolina.
