The Endorsement Agreement is a crucial document in the Philippine marketing and advertising landscape, used when a company seeks to partner with individuals of influence to promote their products or services. This agreement must comply with Philippine commercial law, including the Consumer Act, Intellectual Property Code, and Data Privacy Act. It typically details the scope of endorsement services, compensation structure, exclusivity terms, and usage rights for the endorser's name, image, and likeness. The document is particularly important given the rising influence of social media marketing and the need to protect both parties' interests while ensuring compliance with Philippine advertising standards and regulations. The agreement should address both traditional and digital endorsement channels, including provisions for content approval, performance metrics, and crisis management.
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1. Parties: Identification of the Brand Owner/Company and the Endorser, including complete legal names and addresses
2. Background: Context of the agreement, brief description of the brand/company and the endorser's reputation/status
3. Definitions: Key terms used throughout the agreement, including 'Endorsement Services', 'Products', 'Territory', 'Term', etc.
4. Appointment and Scope: Formal appointment of endorser and detailed scope of endorsement services
5. Term and Territory: Duration of the agreement and geographical scope of the endorsement
6. Endorsement Services: Detailed description of required services, appearances, posts, shoots, etc.
7. Compensation: Payment terms, amounts, schedules, and any performance-based bonuses
8. Intellectual Property Rights: Usage rights, licenses, and restrictions regarding endorser's name, image, and likeness
9. Approvals and Control: Process for approval of endorsement content and brand control measures
10. Exclusivity and Non-Compete: Restrictions on endorsing competing products/services
11. Representations and Warranties: Standard and specific warranties from both parties
12. Termination: Conditions for ending the agreement and consequences
13. General Provisions: Standard clauses including governing law, notices, entire agreement, etc.
1. Social Media Requirements: Specific provisions for social media endorsements, used when digital platforms are part of the scope
2. Morality Clause: Provisions regarding endorser's conduct and reputation, used for high-profile endorsements
3. Product Supply: Terms for providing products to endorser, used when endorser receives branded items
4. Performance Metrics: Specific KPIs and measurement criteria, used for performance-based agreements
5. Crisis Management: Procedures for handling PR issues, used for major endorsement deals
6. International Rights: Additional provisions for international usage, used when endorsement extends beyond Philippines
7. Digital Content Rights: Specific provisions for digital content creation and usage, used for digital-heavy campaigns
8. Talent Agency Provisions: Additional terms when a talent agency is involved in the arrangement
1. Schedule A - Services and Deliverables: Detailed list of required endorsement activities and deliverables
2. Schedule B - Compensation Structure: Detailed breakdown of fees, payment schedules, and bonus structures
3. Schedule C - Approved Products/Services: List of specific products or services covered by the endorsement
4. Schedule D - Brand Guidelines: Brand usage guidelines and requirements
5. Schedule E - Social Media Guidelines: Specific requirements for social media posts and engagement
6. Appendix 1 - Approval Process: Detailed workflow for content approval and turnaround times
7. Appendix 2 - Performance Metrics: Detailed KPIs and measurement methodologies
8. Appendix 3 - Tax Compliance Requirements: Specific requirements for Philippine tax compliance
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