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Testimonials - Fear of Company Endorsement

by polyphonic
9 replies
Greetings, all!

I have collected a credible testimonial letter from the chief Designer of my product. He is also a Board Member of my company.

PROBLEM: He is concerned about being "identified" as "Creative Director at [Zzz]" because he's afraid that my mentioning his title/firm implies an Endorsement BY the firm.

I haven't yet told him that simply mentioning "where he works" implies nothing of his firm's approval - it simply identifies HIM as credible (in that he occupies a high position at a significant firm in WA). In other words, it lends HIM credibility as a major player in his field, which is the power of this testimonial.

Otherwise, he's just a person off the street, or a "private designer".... Can you help me explain to this prime persons? [OR do you know of any "official information" that could assuage his fears?]

Thanks,
Barry
#company #endorsement #fear #testimonials
  • Profile picture of the author bhmseoservices
    Were you planning to place it on a website?
    I'm surprised he gave you a testimonial and he wants to remain anonymous. You could always place the testimonial and give him a different name maybe?
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    • Profile picture of the author Scritty
      Originally Posted by bhmseoservices View Post

      Were you planning to place it on a website?
      I'm surprised he gave you a testimonial and he wants to remain anonymous. You could always place the testimonial and give him a different name maybe?
      It doesn't "imply" endorsement by the firm.
      US and UK law would that endorsement would be seen as EXPLICIT if it were ever contested.

      This has been tested in law in Europe and the US. Here is Stanford's take on the current situation.

      Stanford Copyright & Fair Use - When to Use a Release

      That would give rise to the possibility of an issue with the end customer of your product or the company for whom he works.
      There are ways around this though. Wording mainly (a disclaimer probably is sufficient - use a * and place a disclaimer in the footer)

      e.g

      *Any reference or link to a third party found on our internet site is not an express or implied endorsement by [whoever] as to that third party or the information provided.

      Scritty
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      • Profile picture of the author polyphonic
        I plan to use the testimonial "letter" both online and as a hard "business startup" letter with investors. (I think Scritty is on track.) Here are more details...

        CLIENT and promorpheus Board Member:
        'It's best just to put "designer, musician" down. I wouldn't be able to use my POP role as an endorsement because Promorpheus is not a POP client.'

        The testimonial he's freely given....
        "In 2009, I was involved in the early stages of envisioning the Promorpheus web app with Barry. Barry is a passionate visionary and has an acute sense of what this product should be.

        The idea itself is promising — I have not seen any other app, either web or native, that exhibits the same functionality that Promorpheus promises. Specifically: the ability to use social circles, trending patterns and deep meta-data to influence [snipped for non-investors], surfacing new material and [snipped for non-investors] in a way that only a live, connected and digital product such as this could"

        Think about what a [snipped for non-investors] would look like with the power of Pandora, organically surfacing and inspiring the [snipped for non-investors] with undiscovered, or long-forgotten material. I'd be excited to see this product come to life. With the right team, Barry could be the visionary to make it happen"

        Joel Eby, Musician and Designer
        SEE how he wants to be credited? But this limits the POWER and influence of his credibility. After all, he's HEAD of the Amazon Kindle online-ad project, head of Creative for POP! and head of Sony Playstation and Microsoft xBox, for many of their VideoGame titles. Etc. His company portfolio is impressive.

        See what I mean? He has NO problem with my citing his name and personal freelancing identity. However, I wish to persuade him that it is not inappropriate to "identify himself" as being "company connected" as a "mover and shaker" for Credibility purposes.Further thoughts?[Thank you in advance!]
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  • Profile picture of the author Lloyd Buchinski
    I'm on Joel's side. I see it the way he does. I would want to be very careful about implying that the company I work for is endorsing anything.
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    • Profile picture of the author Kay King
      See what I mean? He has NO problem with my citing his name and personal freelancing identity. However, I wish to persuade him that it is not inappropriate to "identify himself" as being "company connected" as a "mover and shaker" for Credibility purposes.
      What you mean is clear.

      He is telling you he will not use the company name because it might look like a company endorsement and he won't do that.

      You are saying you want the name used because it will look like a company endorsement.

      What he wants may not be appropriate for your purpose - but may be entirely appropriate for his business.
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  • Profile picture of the author polyphonic
    Lloyd - I see your perspective.

    What about....

    "Joel, Designer and Musician (individual opinion)*

    "* Joel's opinion of promorpheus is his own and is not representative or endorsed by the Company he keeps. However, he is Creative Director of Seattle's POP!, and as such, works with major accounts: Amazon's Kindle (Video Creative/Production), Sony Playstation, Microsoft Xbox, and other major players in this space. This list may give you an idea of his talent and skill level in the realm."

    Thoughts? As I see it, I'm just TRULY attributing him. (Anything less is committing a "fraud of implying he's possibly a no-name also-ran with no deserved reputation".
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  • Profile picture of the author polyphonic
    Incorrect, Kay. My words misled you....

    I simple want his "reputation" to be referenced, al la:

    "I think [this modern group] is great" - George Martin, Award-winning Producer of the Beatles

    [Every time I see such a "testimonial" for a new group from George, it does NOT mean that George checked in with the Beatles - every member or their estate - and secured their permission or endorsement! Rather, HE alone is praising the artists, but when the world sees his "credits," they pay attention to HIM, whereas some may not know him by name alone.]

    Make senese now? (Sorry for the confusion.)

    New thoughts?
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  • Profile picture of the author marketingva
    Hi polyphonic,

    I'm not sure if you are going to get any "new" thoughts about this situation. We cannot influence Joel to change his mind and neither can you. You can obsess over this forever but if you can't change Joel's mind you are wasting your time. I have had this same situation happen over and over with my speaker clients. Some big companies will not allow any of their employees to provide a testimonial for a speaker they saw on the platform because it may imply an endorsement of the speaker by the big company. When this happens we simply move on to getting a testimonial from someone who is willing and able to provide it.

    Bonnie
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  • Profile picture of the author Michael Oksa
    Either take his testimonial under his conditions or don't take it at all. He doesn't owe you a testimonial.

    It was okay to ask him to change his attribution, once. After that, you should just let it drop. I don't know Joel, but if it were me, I have a hunch I would be retracting my testimonial.

    I mean, he takes the time to write a glowing testimonial and you're arguing with him? I don't get it.

    All the best,
    Michael
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