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: Nevada Contract between Television Advertising Production Company and Actor to do Infomercial Description: A Nevada contract between a television advertising production company and an actor to perform in an infomercial is a legally binding agreement outlining the rights, obligations, and compensation for both parties involved. This comprehensive document ensures a smooth collaboration and protects the interests of both the production company and the actor. There are several types of contracts that can be employed in Nevada, depending on the specific details and requirements of the infomercial project. 1. Nevada Standard Infomercial Contract: This contract sets out the terms and conditions for the actor's involvement in the infomercial production. It includes clauses relating to payment, duration of services, usage of the actor's likeness, promotional rights, exclusivity, and any additional responsibilities agreed upon by the parties. This contract ensures a clear understanding of each party's role and facilitates a successful production process. 2. Nevada Usage Rights Agreement: In addition to the standard contract, a usage rights agreement may be required to grant the television advertising production company exclusive rights to use the actor's performance and likeness in the infomercial. This type of contract specifies the duration, extent, and mediums in which the actor's image and performance can be used. It protects the production company's intellectual property rights and prevents unauthorized use by other parties. 3. Nevada Non-Disclosure Agreement (NDA): To maintain confidentiality and protect trade secrets, a Non-Disclosure Agreement may be included as a separate contract or as part of the main contract. This agreement binds both the television advertising production company and the actor from disclosing any sensitive or proprietary information about the infomercial production, its concept, strategies, or financial details. 4. Nevada Arbitration Agreement: In the event of a dispute arising from the contract, an Arbitration Agreement can be included to stipulate that any disagreements between the parties will be resolved through arbitration rather than litigation. This agreement ensures a cost-effective and efficient resolution process that helps maintain a positive working relationship between the parties involved. Key keywords: Nevada, contract, television advertising production company, actor, infomercial, rights, obligations, compensation, standard contract, usage rights agreement, non-disclosure agreement, NDA, arbitration agreement, dispute resolution. Disclaimer: This content is for informational purposes only and should not be considered legal advice. It is important to consult with a qualified attorney to draft or review any specific contracts in accordance with Nevada laws and regulations.Title: Nevada Contract between Television Advertising Production Company and Actor to do Infomercial Description: A Nevada contract between a television advertising production company and an actor to perform in an infomercial is a legally binding agreement outlining the rights, obligations, and compensation for both parties involved. This comprehensive document ensures a smooth collaboration and protects the interests of both the production company and the actor. There are several types of contracts that can be employed in Nevada, depending on the specific details and requirements of the infomercial project. 1. Nevada Standard Infomercial Contract: This contract sets out the terms and conditions for the actor's involvement in the infomercial production. It includes clauses relating to payment, duration of services, usage of the actor's likeness, promotional rights, exclusivity, and any additional responsibilities agreed upon by the parties. This contract ensures a clear understanding of each party's role and facilitates a successful production process. 2. Nevada Usage Rights Agreement: In addition to the standard contract, a usage rights agreement may be required to grant the television advertising production company exclusive rights to use the actor's performance and likeness in the infomercial. This type of contract specifies the duration, extent, and mediums in which the actor's image and performance can be used. It protects the production company's intellectual property rights and prevents unauthorized use by other parties. 3. Nevada Non-Disclosure Agreement (NDA): To maintain confidentiality and protect trade secrets, a Non-Disclosure Agreement may be included as a separate contract or as part of the main contract. This agreement binds both the television advertising production company and the actor from disclosing any sensitive or proprietary information about the infomercial production, its concept, strategies, or financial details. 4. Nevada Arbitration Agreement: In the event of a dispute arising from the contract, an Arbitration Agreement can be included to stipulate that any disagreements between the parties will be resolved through arbitration rather than litigation. This agreement ensures a cost-effective and efficient resolution process that helps maintain a positive working relationship between the parties involved. Key keywords: Nevada, contract, television advertising production company, actor, infomercial, rights, obligations, compensation, standard contract, usage rights agreement, non-disclosure agreement, NDA, arbitration agreement, dispute resolution. Disclaimer: This content is for informational purposes only and should not be considered legal advice. It is important to consult with a qualified attorney to draft or review any specific contracts in accordance with Nevada laws and regulations.
