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.
Salt Lake Utah Contract between Television Advertising Production Company and Actor to do Infomercial: A Comprehensive Guide Introduction: In Salt Lake City, Utah, the thriving television advertising industry often collaborates with talented actors to create compelling infomercials. To ensure a smooth working relationship between the Television Advertising Production Company and the hired actor, a contract is essential. This detailed description will provide insight into the various types of contracts that can be established and highlight the key components necessary for a successful partnership. 1. Types of Salt Lake Utah Contracts between Television Advertising Production Company and Actor for Infomercials: a) Standard Contract: This contract outlines the general terms and conditions of the engagement for an infomercial project, covering aspects like payment, working hours, copyright, exclusivity, and termination clauses. b) Exclusive Contract: This type of agreement ensures that the contracted actor will solely represent the Television Advertising Production Company within a specific timeframe, preventing them from engaging with competing companies. Key Contract Components: a) Identification of Parties: The contract should clearly identify the Television Advertising Production Company, the actor, and any other relevant parties involved in the project. b) Scope of Work: A detailed description of the infomercial project, including the required services from the actor, the intended platform, shooting locations, and the estimated timeframe, must be included. c) Payment Terms: This section should outline the agreed-upon compensation structure, such as a fixed fee, hourly rate, or percentage of sales generated from the infomercial, including any additional reimbursements for travel or accommodation expenses. d) Intellectual Property Rights: Clear provisions must be established regarding the ownership and usage of the infomercial content, including any potential re-use or distribution rights. e) Exclusivity and Conflicts: If exclusivity is required, the contract should specify a timeframe during which the actor cannot engage in similar infomercial projects for competing companies. f) Non-Disclosure and Confidentiality: In order to protect proprietary information, the contract should include clauses that ensure the actor's confidentiality obligations regarding any sensitive information disclosed during the production process. g) Termination and Breach: The contract should outline the conditions under which either party can terminate the agreement, as well as the consequences of a breach of contract by either party. h) Governing Law and Jurisdiction: State the applicable law (Utah), establishing the jurisdiction for any potential legal disputes that may arise. Conclusion: Creating a Salt Lake Utah Contract between a Television Advertising Production Company and an Actor for an infomercial project is crucial for a mutually beneficial partnership. By outlining the key components of the contract, such as identification of parties, scope of work, payment terms, intellectual property rights, exclusivity, non-disclosure, termination, and governing law, both the production company and the actor can ensure a successful collaboration in this thriving television advertising landscape.Salt Lake Utah Contract between Television Advertising Production Company and Actor to do Infomercial: A Comprehensive Guide Introduction: In Salt Lake City, Utah, the thriving television advertising industry often collaborates with talented actors to create compelling infomercials. To ensure a smooth working relationship between the Television Advertising Production Company and the hired actor, a contract is essential. This detailed description will provide insight into the various types of contracts that can be established and highlight the key components necessary for a successful partnership. 1. Types of Salt Lake Utah Contracts between Television Advertising Production Company and Actor for Infomercials: a) Standard Contract: This contract outlines the general terms and conditions of the engagement for an infomercial project, covering aspects like payment, working hours, copyright, exclusivity, and termination clauses. b) Exclusive Contract: This type of agreement ensures that the contracted actor will solely represent the Television Advertising Production Company within a specific timeframe, preventing them from engaging with competing companies. Key Contract Components: a) Identification of Parties: The contract should clearly identify the Television Advertising Production Company, the actor, and any other relevant parties involved in the project. b) Scope of Work: A detailed description of the infomercial project, including the required services from the actor, the intended platform, shooting locations, and the estimated timeframe, must be included. c) Payment Terms: This section should outline the agreed-upon compensation structure, such as a fixed fee, hourly rate, or percentage of sales generated from the infomercial, including any additional reimbursements for travel or accommodation expenses. d) Intellectual Property Rights: Clear provisions must be established regarding the ownership and usage of the infomercial content, including any potential re-use or distribution rights. e) Exclusivity and Conflicts: If exclusivity is required, the contract should specify a timeframe during which the actor cannot engage in similar infomercial projects for competing companies. f) Non-Disclosure and Confidentiality: In order to protect proprietary information, the contract should include clauses that ensure the actor's confidentiality obligations regarding any sensitive information disclosed during the production process. g) Termination and Breach: The contract should outline the conditions under which either party can terminate the agreement, as well as the consequences of a breach of contract by either party. h) Governing Law and Jurisdiction: State the applicable law (Utah), establishing the jurisdiction for any potential legal disputes that may arise. Conclusion: Creating a Salt Lake Utah Contract between a Television Advertising Production Company and an Actor for an infomercial project is crucial for a mutually beneficial partnership. By outlining the key components of the contract, such as identification of parties, scope of work, payment terms, intellectual property rights, exclusivity, non-disclosure, termination, and governing law, both the production company and the actor can ensure a successful collaboration in this thriving television advertising landscape.