Definition:
An endorser refers to an individual who signs a document that is exchangeable for money or goods. This individual is not the original creator, issuer, or recipient of the document, but they transfer it to another party by affixing their signature. In certain cases, an endorser may also serve as a guarantor for someone else, assuming the responsibility to make payment if the other party is unable to do so.
An endorser, also referred to as an indorser, is someone who transfers a negotiable instrument by signing it, but is not the maker, drawer, or acceptor of the instrument. For instance, John endorsed a check from his client by signing the back, thereby transferring ownership to his bank. In another example, Sarah’s friend Tom acted as an accommodation indorser by signing a loan agreement as a surety for Sarah’s business. These instances demonstrate how an endorser can transfer ownership of a negotiable instrument, such as a check or loan agreement, to another party through their legal endorsement.
Yes, an endorser can be held legally responsible for false or misleading statements made in an endorsement. They may be subject to legal action for deceptive advertising practices or potential defamation claims.
Yes, the Federal Trade Commission (FTC) requires endorsers to disclose any material connection they have with the product or service being endorsed. Failure to do so may result in legal consequences, including fines or penalties.
Generally, an endorser cannot be sued for making negative comments about a product or service they previously endorsed, as long as their statements are truthful and not defamatory. However, specific contractual agreements between the endorser and the company may impact this.
It is generally legal for an endorser to use a competitor’s product or service while endorsing a different brand. However, if the endorsement implies that the endorser exclusively uses the endorsed product or service, it may be considered deceptive advertising.
In certain circumstances, an endorser may be held liable for injuries or damages caused by the endorsed product or service. If the endorser’s statements or actions contribute to the harm, they may be subject to legal action.
There are no specific age restrictions for individuals to become endorsers. However, if the endorser is a minor, their legal guardian may need to provide consent and oversee any contractual agreements.
Generally, an endorser cannot be held responsible for the actions or behavior of their followers or fans. However, if the endorser actively encourages or participates in illegal or harmful activities, they may face legal consequences.
Yes, it is legal for an endorser to use their own personal social media accounts for endorsements. However, they must comply with the FTC guidelines regarding disclosure of material connections and ensure that their endorsements are truthful and not misleading.
Yes, an endorser can be held responsible for copyright infringement if they use copyrighted material in their endorsement without obtaining proper permission or licenses. It is important for endorsers to respect intellectual property rights.
There are generally no specific restrictions on the types of products or services an endorser can endorse. However, endorsers should be cautious when endorsing potentially harmful or illegal products, as it may have legal implications.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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