This Endorsement Agreement is a crucial legal instrument used in Hong Kong when a company wishes to engage a celebrity, athlete, or influencer to promote their products or services. The document reflects Hong Kong's common law system and compliance requirements, particularly under the Trade Descriptions Ordinance and related advertising regulations. It serves as a comprehensive framework detailing the endorser's obligations, usage rights for the endorser's image and intellectual property, compensation terms, and protection mechanisms for both parties. The agreement is essential for establishing clear guidelines for modern marketing activities, including social media promotions, public appearances, and advertising campaigns, while ensuring compliance with Hong Kong's legal requirements for truthful advertising and fair trading practices.
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1. Parties: Identification of the brand owner/company and the endorser/celebrity
2. Background: Context of the agreement and brief description of the parties' business/profile
3. Definitions: Key terms used throughout the agreement, including 'Products', 'Territory', 'Endorsement Services', 'Intellectual Property'
4. Appointment and Scope: Terms of endorser's appointment and scope of endorsement services
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Endorser's Obligations: Specific duties, appearances, social media posts, and other commitments
7. Company's Obligations: Company's commitments, including payment and product provision
8. Compensation: Payment terms, including base fees, royalties, and performance bonuses
9. Intellectual Property Rights: Usage rights, ownership, and licenses for endorser's name, image, and content
10. Approval Rights: Process for approving marketing materials and endorsement content
11. Exclusivity: Restrictions on endorsing competing products/services
12. Representations and Warranties: Parties' assurances about their capacity and authority
13. Confidentiality: Protection of confidential information and trade secrets
14. General Provisions: Standard clauses including governing law, notices, and amendment procedures
1. Morality Clause: Rights and remedies in case of endorser misconduct or public scandal
2. Social Media Guidelines: Specific rules and requirements for social media posts and engagement
3. Performance Metrics: Specific targets and KPIs for measuring endorsement success
4. International Rights: Additional provisions for cross-border endorsement activities
5. Crisis Management: Procedures for handling public relations issues or controversies
6. Insurance Requirements: Specific insurance coverage requirements for high-risk endorsement activities
7. Influencer-Specific Terms: Additional provisions for digital influencer endorsements
8. Third-Party Platform Requirements: Compliance with specific platform rules for social media endorsements
1. Schedule 1 - Endorsement Services: Detailed list of required appearances, posts, and promotional activities
2. Schedule 2 - Compensation Structure: Detailed breakdown of fees, royalties, and payment milestones
3. Schedule 3 - Approved Products: List of products/services covered by the endorsement
4. Schedule 4 - Brand Guidelines: Company's branding requirements and usage guidelines
5. Schedule 5 - Content Calendar: Timeline of scheduled endorsement activities and deliverables
6. Appendix A - Approval Process: Detailed procedures for content approval and turnaround times
7. Appendix B - Restricted Activities: List of prohibited activities or competing brands
8. Appendix C - Social Media Requirements: Specific requirements for different social media platforms
Authors
Relevant legal definitions
Clauses
Relevant Industries
Consumer Goods
Fashion & Apparel
Beauty & Cosmetics
Sports & Athletics
Entertainment
Food & Beverage
Technology
Luxury Goods
Healthcare & Wellness
Financial Services
Automotive
Telecommunications
Relevant Teams
Legal
Marketing
Public Relations
Social Media
Brand Management
Compliance
Business Development
Contract Administration
Talent Relations
Digital Marketing
Relevant Roles
Chief Marketing Officer
Brand Manager
Legal Counsel
Marketing Director
PR Manager
Social Media Manager
Talent Relations Manager
Compliance Officer
Contract Manager
Business Development Manager
Celebrity Manager
Influencer Relations Manager
Marketing Compliance Officer
Brand Protection Manager
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