- Testimonial
- A statement — written, verbal, or visual — by a real customer or client affirming their experience with a product or service, used for promotional purposes.
- Release clause
- A contractual provision in which the client grants the business a license or permission to use their name, words, or likeness for defined purposes.
- FTC endorsement guidelines
- US Federal Trade Commission rules requiring that any material connection between an endorser and a brand be clearly disclosed to consumers, including when endorsers receive compensation or free products.
- Likeness
- A person's recognizable image, photograph, or visual representation — its commercial use typically requires explicit written consent.
- Usage rights
- The specific channels, formats, and duration for which a business is authorized to publish or display the testimonial after the client consents.
- Revocation
- The client's right to withdraw their consent and require removal of their testimonial from all marketing materials, typically on written notice.
- Approval clause
- A provision requiring the business to submit the final edited version of the testimonial to the client for review and written sign-off before publication.
- Material connection
- Any relationship — financial, personal, or professional — between the endorser and the brand that could affect how the endorsement is perceived and that must be disclosed under FTC rules.
- Governing law
- The jurisdiction whose laws apply to the interpretation and enforcement of the testimonial agreement in the event of a dispute.
- Intellectual property assignment
- A clause specifying who owns the testimonial content itself — typically the client retains authorship while granting the business a non-exclusive license to use it.
- Indemnification
- A contractual obligation by which one party agrees to compensate the other for specific losses or liabilities — here, typically the client indemnifying the business against claims that the testimonial content is false or infringes third-party rights.