An Endorsement Agreement is an agreement between a company and an endorser,
most often a celebrity. The endorser agrees to endorse and promote either a product or
service of the company for a specified length of time and for monetary compensation
pursuant to the terms and conditions of the agreement. As drafted, the agreement
contains an exclusive use provision, requiring the endorser to exclusively use that
product or service; a non-competition clause for endorsing similar products; and a best
efforts provision. This document can be customized to fit the needs of the drafting
parties and includes opportunities for optional language.
ENDORSEMENT AGREEMENT
This Endorsement Agreement (this “Agreement”) is entered into and made effective on
this _______ day of _____________, ______ by and between by and between
_________________ (“Consultant”) having its physical place of business at [insert full business
address] and ________________________ (“Company”) having its physical place of business at
[insert full business address], collectively referred to herein as the “Parties” and individually as
the “Party” or a “Party.”
WHEREAS, Company would like to obtain the right to use the name, likeness, and
endorsement of Consultant in connection with the advertisement, marketing, and promotion of
the Product of Company namely __________________________ (the “Product”).
NOW THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Consultant and Company agrees as follows:
ARTICLE 1
TERM OF CONTRACT
1.01 The term of this Agreement (the “Term”) shall be for a period of _____ (___) years
commencing on the ____ day of ___________, 20___.
ARTICLE 2
DEFINITIONS
2.01 As used in this Agreement, the following terms shall be defined as set forth below:
A. “Consultant’s Endorsement” means the right granted by Consultant to Company,
for the use of Consultant’s name, nickname, autograph, voice, signature,
photograph, likeness, and image in connection with Company’s marketing,
promotion, advertising, and sale of Company’s Product.
B. “Product” means the _______________________________ of Company.
C. “Contract Territory” means the entire world where the marketing, promotion,
advertising, and sale of Company’s Product shall take place.
ARTICLE 3
OBLIGATIONS OF CONSULTANT
3.01 Consultant hereby authorizes and grants to Company the exclusive right, license, and
interest in using Consultant’s Endorsement in respect of the marketing, promotion, advertising,
and sale of the Product in the Contract Territory.
3.02 Throughout the Term of this Agreement, Consultant hereby agrees that it shall not grant
the right to use Consultant’s name, nickname, autograph, voice, signature, photograph, likeness,
or image to any other company, manufacturer, or retailer of the same or similar product.
3.03 Consultant hereby agrees that it shall not sponsor or endorse any other product made or
sold by any other company, manufacturer, or retailer that is the same or similar to Company’s
Product.
3.04 Consultant hereby agrees that it shall not serve as an endorser of any other company,
manufacturer, or retailer that a product that is the same or similar to Company’s Product.
3.05 Company and Consultant hereby agree that, should Consultant be involved in any
sponsored photography sessions or television commercials, Consultant shall wear any items of
clothing or accessories that Company deems appropriate for the marketing, promotion,
advertising, and sale of the Product.
ARTICLE 4
EXCLUSIVE USE AND NON-COMPETITION
4.01 Throughout the Term of this Agreement, Consultant shall exclusively use the Product for
the purposes of marketing, promotion, advertising, and sale of the Product. “Exclusive Use”
shall be defined as the exclusive use of this Product within the category of products defined as
[insert the category of products for which Consultant is agreeing to exclusive use Company’s
Product, for example, facial cleansing soap, type of golf club, hair shampoo, etc].
4.02 During the Term of this Agreement, Consultant shall not sponsor or endorse a similar
product made or sold by any other manufacturer, seller, or competitor of Company, or serve as
an advisor to any other manufacturer, seller, or competitor of Company manufacturing, selling,
marketing, advertising, or promoting a similar product.
ARTICLE 5
ENDORSEMENT OF NON-COMPETITIVE PRODUCTS
If Consultant endorses or promotes a non-competitive product and in that endorsement or
promotion Consultant wears, plays, uses, holds, or is in any way associated with a product that
would constitute the Product as defined under this Agreement, Consultant shall use objectively
reasonable best efforts to ensure that the product is Company’s Product and it shall not be altered
or changed in appearance in the endorsement in any manner whatsoever without the express
written consent of Company. When endorsing a non-competitive product, under no
circumstances shall Consultant wear, play, use, hold, or in any way be associated with a product
manufactured, sold, marketed, advertised, or promoted by a competitor of Company.