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.
Description of a South Carolina Contract between Television Advertising Production Company and Actor to do Infomercial: A South Carolina Contract between Television Advertising Production Company and Actor to do Infomercial is a legally binding agreement that outlines the terms and conditions under which an actor will provide their services to a television advertising production company for the creation and airing of an infomercial. This contract is essential to ensure that both parties are clear about their roles, responsibilities, and rights throughout the production and airing process. It outlines the specifics of the project, compensation details, project timeline, intellectual property rights, and any other relevant agreements or provisions necessary for the successful collaboration. Keywords: South Carolina contract, Television Advertising Production Company, actor, infomercial, legally binding agreement, terms and conditions, services, creation, airing, roles, responsibilities, rights, compensation details, project timeline, intellectual property rights, collaboration. Different types of South Carolina Contracts between Television Advertising Production Company and Actor to do Infomercial: 1. Standard Contract: This is the most common type of contract used in infomercial collaborations. It includes all the essential elements mentioned above and is typically used for straightforward projects. 2. Exclusive Contract: In some cases, the television advertising production company may require the actor to have an exclusive commitment to their project, ensuring that the actor does not participate in competing infomercials or endorse similar products during the specified time frame. 3. Non-Disclosure Agreement (NDA): This type of contract ensures that both parties agree to keep certain confidential information, such as trade secrets or proprietary production techniques, strictly confidential. 4. Work-for-Hire Agreement: This type of contract specifies that any work created during the production of the infomercial is considered the property of the television advertising production company, granting them full ownership and control over the content. 5. Option Agreement: An option agreement allows the television advertising production company to secure the right to extend the collaboration for future projects or renew the contract for additional infomercials, should they choose to do so. It's important to note that the specific terms and types of contracts may vary depending on the individual project, the actor's level of experience, and the requirements of the television advertising production company.
