This Talent-Produced Cameo for Business Agreement (“C4B x SAG-AFTRA Agreement”) is entered into between SAG-AFTRA and the Producer identified above with respect to content created by the Talent through the Cameo for Business platform for the Advertiser named above.
This Talent-Produced Cameo for Business Agreement covers content that is self-produced by the Talent through the Producer, features only the Talent, and is intended for release or exhibition only as described in this Agreement.
The following are not permitted under this Agreement: streamed or recorded on-camera or voiceover content that is not self-produced and/or that falls under the jurisdiction of any other SAG-AFTRA contract, including the SAG-AFTRA Commercials Contracts. Excluded Services, as defined below, are not included within the scope of this Agreement.
This Agreement may not be used to circumvent the terms and conditions of any other SAG-AFTRA agreement or membership rule.
Producer has represented to SAG-AFTRA, as a basis for coverage under this Agreement, that the Project is bona fide Talent-Produced content contracted exclusively through the Cameo for Business platform. Based upon these representations and the other representations herein, and in reliance thereon, SAG-AFTRA offers Producer the following special terms and conditions for the Project:
1. Definitions
For purposes of this Agreement, capitalized terms shall have the definitions below:
“Talent” has its colloquial understanding in the entertainment and media industry and, for the purposes of this contract, shall refer to the individual specifically identified above.
“C4B Content” is content self-produced by Talent that features an advertiser’s product or service and that is contracted through the Cameo for Business interface for digital distribution on Permitted Platforms as defined below. Content scripted or filmed for the advertiser by any party other than the featured Producer/Talent (i.e. production company, ad agency, PR agency, etc.) shall not be covered by this Agreement.
“Cameo for Business” or “C4B” is a digital platform where advertisers can access and engage talent to create promotional content for their brand.
“Producer” refers to the above-named company controlled and operated by or on behalf of the named Talent that is producing the C4B Content covered by this Agreement.
“Compensation for Covered Services” refers to that portion of the total compensation set forth in the contract with Cameo for Business on behalf of the Advertiser that is attributable to Talent’s on-camera and/or voiceover services (“Covered Services”), subject to the minimum set forth in Section 4. It does not include compensation attributable to Excluded Services.
“Excluded Services” refers to services Talent may perform for the Advertiser other than on-camera and/or voiceover services. Excluded Services include services performed in producing, creating, and distributing the C4B Content that fall outside the scope of this Agreement, such as creative, editing, and print work, as applicable. In addition, Excluded Services includes any other services to be performed under any contract between Talent or Producer and the Advertiser unrelated to the C4B x SAG-AFTRA Agreement (for example, but not as a limitation, tweets, print content).
“Permitted Platform” refers to the following platforms or uses of the C4B Content: social media, YouTube and similar platforms; third-party websites; in-app; for internal brand use; on the Cameo for Business platform; or through email distribution.
2. Recognition; Scope; Coverage
Producer hereby recognizes SAG-AFTRA as the exclusive collective bargaining agent for Talent for their on-screen image and/or voiceover work in connection with C4B Content project identified above.
This Agreement is limited to C4B Content intended for release or exhibition on a Permitted Platform.
3. Restrictions; Limitations; Permitted Insertions.
This Agreement may not be used for content created for a campaign involving any signatory and/or JPC authorizer advertiser or advertising agency to the 2022 SAG-AFTRA Commercials Contract or any successor agreement.
The C4B Content must be described and the terms of agreement set forth in a standalone contract or creative brief as provided by Cameo for Business, and may not be included in a contract that also provides for services covered under any other SAG-AFTRA contract (for example, television commercials or motion pictures).
The following types of content are not permitted under this Agreement: a combination of more than one Talents’ Cameo for Business content that has been “stitched together” to create a commercial; content that has been scripted; content that includes additional on-camera or voiceover Talent; content produced in whole or in part by a third-party production company or advertising agency responsible for the scripting, filming, editing (other than as permitted below), lighting, location, etc. of the production.
Inclusion of end-card, pop-ups, graphics, captions, frames, overlays and/or photo/video of applicable product to the content by Cameo for Business or the Advertiser is permitted.
4. Compensation
Talent’s Compensation for C4B Content may be freely bargained.
5. Pension & Health Contributions
Producer shall make contributions of 20.5% on Talent’s Compensation for Covered Services directly to the SAG-Producers Pension Plan and the SAG-AFTRA Health Plan (or any successor plan/s) in the manner prescribed by the Plans. Compensation for Covered Services shall be based on a standard allocation of at least 30% of Talent’s total compensation for the C4B Content after all Cameo for Business fees are deducted.
For purposes of example: If the Talent’s total compensation, after deducting any fees payable to Cameo for Business, is $10,000 dollars, at least $3,000 ($10,000 x 30%) shall be deemed to be Compensation for Covered Services. The Pension and Health Plan contribution would be at least $615 ($3,000 x 20.5%).
SAG-AFTRA, individually and on behalf of the Pension and Health Plans, reserves the right to challenge the reasonableness of any allocation under this Section 4. Talent/Producer agrees to provide any documents SAG-AFTRA or the Pension and Health Plans deems reasonably necessary to verify the amounts set forth by Talent/Producer. Any dispute hereunder will be arbitrable.
6. Use in Other Media
The C4B Content may only be used as set forth in this Agreement. Prior to entering into any agreement for use of the C4B Content on any other channel or platform or in any other medium (for example: television, including free, ad-supported television regardless of the medium of transmission; streaming; over-the-top), Producer or Talent must notify SAG-AFTRA. If the intended use is in a medium covered by any other SAG-AFTRA collective bargaining agreement, Producer must bargain the terms and conditions of use with SAG-AFTRA.
7. Maximum Period of Use (“MPU”)
The MPU shall be the period set forth in the applicable Cameo for Business contract and/or creative brief, but not to exceed 1 year from the date of first posting of the C4B Content on any Permitted Platform.
Any use beyond the MPU shall be subject to the Talent’s consent and payment to be negotiated between the Producer and Advertiser and approval by SAG-AFTRA. If the C4B Content appears on a website, social media platform, or on YouTube after the expiration of the MPU but is not relevant to any current campaign and remains in the feed tied to its original posting date, no further payment shall be required provided that Producer complies with the Union’s request, if made, to remove it.
8. Verification of Qualification for Agreement
Producer agrees to provide any information SAG-AFTRA requests for the purpose of determining a Project’s eligibility for this Agreement and to verify compliance with the terms of this Agreement, including, but not limited to, the contract in place between Cameo for Business on behalf of Advertiser and Producer or Talent for the services of the Talent, and all contracts relating to the provision of such services. Whether the content is C4B Content eligible for this Agreement is at SAG-AFTRA's sole discretion.
If Producer or Talent have made any misrepresentations regarding eligibility for this Agreement, or if SAG-AFTRA otherwise determines that a project was inappropriately produced under this Agreement, SAG-AFTRA, in its sole discretion, may reclassify the Project to the appropriate SAG-AFTRA Agreement. Producer agrees that if SAG-AFTRA reclassifies the project, all terms and conditions of the SAG-AFTRA Agreement that SAG-AFTRA deems applicable to the Project will apply to the Project as if the Project was signed to that Agreement as of the date of this Agreement.
Producer agrees to provide SAG-AFTRA any information it requests in order to determine the C4B Content’s eligibility for this Agreement.
9. Prohibitions – Stunts; Hazardous/Dangerous Conditions; Nudity
Content produced pursuant to this Agreement may not contain stunts or hazardous/dangerous conditions. Content produced pursuant to this Agreement may not contain nudity or sexually explicit content, except to the extent such content is necessary to demonstrate the Advertiser’s product or service.
10. Union Security
Producer agrees that any Talent it employs to perform Covered Services is or shall be a member of SAG-AFTRA in good standing or will apply for membership on the thirtieth (30th) day following the beginning of their first employment in SAG-AFTRA’s jurisdiction, and thereafter Talent will maintain such membership in good standing as a condition of employment.
Producer agrees to report to SAG-AFTRA in writing within 15 business days of the first employment of a nonmember of SAG-AFTRA, giving the non-member’s name, Social Security number, and their first date of employment.
It is understood that it would be impossible to accurately fix the actual damages suffered by SAG-AFTRA by reason of a breach by a Producer of this section 10. It is therefore agreed that Producer will pay to SAG-AFTRA, as liquidated damages, the sum of $320.00 for each breach by Producer of this section 10.
11. Term
This Agreement shall be valid through the expiration of Producer’s agreement with the Advertiser through Cameo for Business.
12. No Waiver of Applicable Laws
Nothing in this Agreement waives or limits Talent’s or Producer’s obligations to comply with any laws or regulations otherwise applicable to the Talent’s services. This may include, but is not limited to, laws related to workers compensation, minimum wages, and the employment of minors.
Nothing in this Agreement supersedes or limits any right or remedy a Talent might have at law or otherwise relating to their work on the Project, including relating to any unauthorized use of their name, likeness, image, voice, performance or any other personal attribute.
13. Arbitration
Any dispute, claim, or grievance arising from or relating to the interpretation or application of this agreement shall be submitted to arbitration before a single arbitrator administered by the American Arbitration Association under its Expedited Labor Arbitration Rules. The parties further agree to accept the arbitrator’s award as final and binding on them.
All arbitrations will be held in SAG-AFTRA’s office in Los Angeles, unless the parties agree otherwise; provided that if Talent or Producer is based in New York and a majority of the witnesses reside in or around New York, the arbitration may be held in New York. Where the in-person attendance of witnesses is not necessary, the parties can agree to proceed with a document-only arbitration.
14. Miscellaneous
This Agreement may be signed in counterparts, each of which will be deemed an original and all of which together will make one agreement. SAG-AFTRA reserves the right to revoke this Agreement as set forth herein. Any signature transmitted electronically, including any typed signature on an electronic version of this Agreement, is valid and binding to the same extent as an original signature.
The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement reflect their consent to be bound and are the same as handwritten signatures for the purposes of the validity, enforceability and admissibility of this agreement. If you do not want to sign this agreement electronically, please notify us at C4B@sagaftra.org and we will provide you with a different format.
If any portion of this Agreement is deemed unenforceable, it will be modified to the limited extent necessary to make it and the remainder of the agreement enforceable; if it cannot be so modified, Talent/Producer and SAG-AFTRA will negotiate a substitute provision with substantially the same effect.
Section headings are descriptive only and not to be construed in interpreting the Agreement.
Any provisions which by their terms or nature are intended to survive termination of this Agreement will survive any termination of this Agreement.