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.
North Dakota Contract between Television Advertising Production Company and Actor to do Infomercial In North Dakota, a contract between a Television Advertising Production Company and an Actor to create an Infomercial is a legally binding agreement that outlines the terms and conditions of their professional relationship. This contract serves as a foundation for both parties to understand their respective roles, responsibilities, and rights throughout the production process. Keywords: North Dakota, Contract, Television Advertising Production Company, Actor, Infomercial. Types of North Dakota Contracts between Television Advertising Production Company and Actor to do Infomercial can include: 1. Standard Infomercial Contract: This type of contract establishes the basic agreement between the Television Advertising Production Company and the Actor for the creation of an infomercial. It typically includes details regarding compensation, filming schedule, intellectual property rights, and any specific requirements or guidelines for the product or service being advertised. 2. Exclusive or Non-Exclusive Agreement: Depending on the specific needs of the Television Advertising Production Company, they may opt for either an exclusive or non-exclusive contract with the Actor. An exclusive agreement ensures that the Actor will not work with any other competing brands or production companies during the specified period. On the other hand, a non-exclusive agreement allows the Actor to participate in similar infomercial projects with different companies simultaneously. 3. Usage and Licensing Agreement: This type of contract is commonly included within the overall agreement and establishes the terms under which the Television Advertising Production Company can utilize the Actor's likeness, image, voice, or performance. It may outline the duration of the license, territories where the infomercial can be broadcasted, and any restrictions or limitations on usage. 4. Financial Arrangements: This section of the contract covers the Actor's compensation and any additional expenses or royalties they may be entitled to. It typically specifies the rates, payment terms, and any applicable taxes or deductions. 5. Termination Clause: A termination clause outlines the circumstances under which either party can end the contract before its completion. This provision may include breach of contract, non-performance, or mutual agreement for early termination. It also details the notice period required for termination and the consequences of such termination. 6. Confidentiality and Non-Disclosure: As infomercials often involve trade secrets, proprietary information, and sometimes unreleased products, a confidentiality and non-disclosure agreement may be included within the contract. This clause ensures that both the Television Advertising Production Company and the Actor maintain strict confidentiality and refrain from disclosing any sensitive information related to the production. It is crucial for both parties to consult with legal professionals to ensure that their specific needs and requirements are adequately addressed within the contract. Additionally, it is essential to comply with any local or state regulations in North Dakota to avoid any legal repercussions in the future.North Dakota Contract between Television Advertising Production Company and Actor to do Infomercial In North Dakota, a contract between a Television Advertising Production Company and an Actor to create an Infomercial is a legally binding agreement that outlines the terms and conditions of their professional relationship. This contract serves as a foundation for both parties to understand their respective roles, responsibilities, and rights throughout the production process. Keywords: North Dakota, Contract, Television Advertising Production Company, Actor, Infomercial. Types of North Dakota Contracts between Television Advertising Production Company and Actor to do Infomercial can include: 1. Standard Infomercial Contract: This type of contract establishes the basic agreement between the Television Advertising Production Company and the Actor for the creation of an infomercial. It typically includes details regarding compensation, filming schedule, intellectual property rights, and any specific requirements or guidelines for the product or service being advertised. 2. Exclusive or Non-Exclusive Agreement: Depending on the specific needs of the Television Advertising Production Company, they may opt for either an exclusive or non-exclusive contract with the Actor. An exclusive agreement ensures that the Actor will not work with any other competing brands or production companies during the specified period. On the other hand, a non-exclusive agreement allows the Actor to participate in similar infomercial projects with different companies simultaneously. 3. Usage and Licensing Agreement: This type of contract is commonly included within the overall agreement and establishes the terms under which the Television Advertising Production Company can utilize the Actor's likeness, image, voice, or performance. It may outline the duration of the license, territories where the infomercial can be broadcasted, and any restrictions or limitations on usage. 4. Financial Arrangements: This section of the contract covers the Actor's compensation and any additional expenses or royalties they may be entitled to. It typically specifies the rates, payment terms, and any applicable taxes or deductions. 5. Termination Clause: A termination clause outlines the circumstances under which either party can end the contract before its completion. This provision may include breach of contract, non-performance, or mutual agreement for early termination. It also details the notice period required for termination and the consequences of such termination. 6. Confidentiality and Non-Disclosure: As infomercials often involve trade secrets, proprietary information, and sometimes unreleased products, a confidentiality and non-disclosure agreement may be included within the contract. This clause ensures that both the Television Advertising Production Company and the Actor maintain strict confidentiality and refrain from disclosing any sensitive information related to the production. It is crucial for both parties to consult with legal professionals to ensure that their specific needs and requirements are adequately addressed within the contract. Additionally, it is essential to comply with any local or state regulations in North Dakota to avoid any legal repercussions in the future.
