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.
Oklahoma is a state located in the South Central region of the United States. It is known for its diverse landscapes, including rolling prairies, forested mountains, and expansive plains. Oklahoma is often referred to as the "Sooner State" and offers a rich cultural heritage with a strong Native American influence. In the realm of television advertising, an Oklahoma Contract between a Television Advertising Production Company and an Actor to do an Infomercial is an agreement that outlines the terms and conditions of their professional collaboration. This contract ensures that both parties are on the same page regarding their roles, responsibilities, and compensation. Here are the different types of Oklahoma Contracts that can be established between a Television Advertising Production Company and an Actor to do an Infomercial: 1. Standard Infomercial Contract: This type of contract establishes the basic terms for the actor's involvement in the infomercial production. It covers aspects such as the agreed-upon payment, shooting dates and locations, the actor's role and performance expectations, usage rights, and any additional clauses or provisions. 2. Exclusive Agency Contract: In this type of contract, the actor agrees to work exclusively with the television advertising production company for a specified period. The contract might outline exclusivity rights and terms, including any restrictions on the actor's involvement with competitors during the contract's duration. 3. Royalty-Based Contract: A royalty-based agreement often comes into play when an actor is involved in the production of an infomercial that includes ongoing sales or revenue sharing. This contract ensures that the actor receives a percentage of the profits generated from the infomercial's success. 4. Product Endorsement Contract: In some cases, the television advertising production company may require the actor to specifically endorse a particular product or brand during the infomercial. This type of contract will outline the actor's obligations and responsibilities related to the endorsement, as well as the compensation and usage rights associated with it. 5. Non-Disclosure Agreement (NDA): An NDA might be included as a separate contract or as a clause within the Oklahoma Contract to protect confidential information shared during the course of the infomercial production. This agreement ensures that both parties maintain confidentiality regarding trade secrets, marketing strategies, and any other sensitive information. These various types of Oklahoma contracts serve to establish a clear understanding between the Television Advertising Production Company and the Actor. By defining their rights and responsibilities, such agreements create a strong foundation for a successful and legally binding partnership in the creation and promotion of infomercials.
