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Endorsement Agreement for the United States

Endorsement Agreement Template for United States

An Endorsement Agreement is a legally binding contract used in the United States that establishes the terms and conditions under which an individual (endorser) will promote, represent, or support a company's products or services. The agreement is governed by federal regulations, including FTC guidelines, and state-specific laws regarding right of publicity and contract enforcement. It typically covers compensation, usage rights, exclusivity, term duration, and compliance requirements.

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Endorsement Agreement

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What is a Endorsement Agreement?

The Endorsement Agreement serves as the primary legal instrument for formalizing relationships between brands and individuals who promote their products or services. Used extensively across various industries in the United States, this contract type addresses crucial aspects such as compensation, usage rights, exclusivity, and compliance with FTC guidelines. The agreement is particularly important in today's digital age, where influencer marketing and celebrity endorsements play significant roles in promotional strategies. It provides protection for both parties while ensuring compliance with federal and state regulations regarding endorsements, right of publicity, and advertising standards.

What sections should be included in a Endorsement Agreement?

1. Parties: Identification of endorser and company/brand, including full legal names and contact details

2. Background: Context of the agreement and relationship between parties, including purpose of the endorsement

3. Definitions: Key terms used throughout the agreement including 'Endorsement Services', 'Territory', 'Term', etc.

4. Scope of Services: Detailed description of endorsement activities, obligations, and deliverables

5. Term and Termination: Duration of the agreement and conditions for early termination or renewal

6. Compensation: Payment terms, schedule, and any performance-based incentives

7. Intellectual Property Rights: Usage rights, restrictions, and ownership of content created during the endorsement

8. Exclusivity: Competitive restrictions and limitations on endorsing competing products/services

What sections are optional to include in a Endorsement Agreement?

1. Morality Clause: Behavioral standards, reputation management, and consequences for violations

2. Social Media Requirements: Specific obligations for social media posting, including frequency, content guidelines, and disclosure requirements

3. Performance Metrics: Measurable targets, KPIs, and performance evaluation criteria

4. International Rights: Terms and conditions for international usage and territorial restrictions

What schedules should be included in a Endorsement Agreement?

1. Schedule A - Compensation Details: Detailed breakdown of payment structure, including base fees, royalties, and performance bonuses

2. Schedule B - Approved Uses: Comprehensive list of approved uses of endorser's name, image, and likeness

3. Schedule C - Campaign Requirements: Specific deliverables, deadlines, and campaign specifications

4. Schedule D - Approval Process: Content approval workflow, timelines, and revision processes

5. Schedule E - Brand Guidelines: Brand usage requirements, restrictions, and style guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Agreement Contract

Cost

Free to use
Clauses





































Industries

FTC Regulations: Federal Trade Commission regulations including guidelines for endorsements and testimonials in advertising, disclosure requirements for paid endorsements, truth-in-advertising laws, and social media endorsement guidelines

Lanham Act: Federal Trademark Law covering protection of trademarks and brands, false advertising provisions, and right of publicity considerations

State Right of Publicity Laws: State-specific laws governing protection of individual's name, image, and likeness, including varying requirements by state and post-mortem rights considerations

Intellectual Property Laws: Laws covering Copyright Act, trademark protection, and licensing requirements for intellectual property used in endorsements

Contract Law: State-specific contract requirements, Uniform Commercial Code provisions, and considerations for consideration and mutual obligations

Labor Laws: Regulations covering independent contractor vs. employee classification, SAG-AFTRA regulations, and state-specific labor regulations

Tax Laws: IRS regulations for endorsement income, state tax implications, and international tax considerations where applicable

Digital Media Laws: Laws including CAN-SPAM Act, Children's Online Privacy Protection Act, and platform-specific regulations for digital endorsements

Industry-Specific Regulations: Specific regulations such as FDA regulations for health products, FCC regulations for broadcast media, sports league regulations, and professional association rules

Consumer Protection Laws: State and federal consumer protection statutes and anti-deceptive practice regulations applicable to endorsements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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