Arkansas State University

1. The University believes that intercollegiate athletics provide student-athletes with significant educational opportunities. The University also supports the NCAA’s mission to ensure that intercollegiate athletics remain an integral part of the educational program and to maintain the amateur status of student-athletes. However, participation in intercollegiate athletics should not infringe upon a student-athlete’s ability to earn compensation for his or her name, image, and/or likeness. A student-athlete should have an equal opportunity to control and profit from the commercial use of his or her name, image, and/or likeness, and be protected from unauthorized appropriation and commercial exploitation of his or her right to publicity, including his or her name, image, and/or likeness.
2. Subject to the regulations set forth below, each University student-athlete will have the right to earn compensation for his or her name, image, and/or likeness without jeopardizing his or her eligibility to compete on a University-sponsored intercollegiate athletic team. 

Definitions

1. Booster

A booster is an individual, agency, entity or organization who is known by an institution to: (i) have made any type of financial or in-kind contribution to the athletics department or booster organization for the department; (ii) have been a season ticket holder; (iii) have been a member of any organization or agency promoting University athletics; (iv) have assisted or been requested to assist in any manner in the recruitment of prospective student-athletes; (v) have arranged for or provided benefits to enrolled student-athletes or their families, or to prospective student-athletes or their families; or (vi) have otherwise promoted University athletics program in any manner.

2. Fair Market Value

The value of a right, good, service or property as determined by the marketplace (or objective purchasers) rather than as determined by a subjective individual. This is what an informed and unpressured buyer would pay to an informed unpressured seller in an arms-length transaction (the price is based solely on the value of the right, good, service or property). The fair market value of any particular right, good, service or property can be determined by the price on which other buyers and sellers have agreed for a similar right, good, service or property.

3. Publicity Rights (NIL)

Name, Image and/or Likeness (“NIL”) means the use or agreement to permit a third party to use a student athlete’s name, image and/or likeness. Name, image and/or likeness refers generally to an individual's ability to capitalize on their publicity and be compensated through third-party endorsements or similar arrangements. The State of Arkansas defines Publicity Rights as a right that is recognized under state or federal law that permits an individual to control and profit from commercial use of the individual’s name, image, voice, signature, photograph, or likeness.

4. Prohibited Sponsorship Category

A Prohibited Sponsorship Category is any sponsorship category in any category of goods or services designated by the University as prohibited as a result of such category conflicting with the mission of  the University, damaging to the name, image or reputation of the University, conflicting with then existing or contemplated University relationships, or for any other reason determined in good faith by the University.

5. Student-Athlete

A student-athlete is a student whose enrollment was solicited by a member of the athletics staff or other representative of athletics interests with a view toward the student's ultimate participation in the intercollegiate athletics program. Any other student becomes a student-athlete only when the student reports for an intercollegiate squad that is under the jurisdiction of the athletics department.  A student is not deemed a student-athlete solely on the basis of prior high school athletics participation.

 Regulations

1. General Policy.

The regulations contained in this title establish rules and procedures for University student-athletes to receive compensation in exchange for the right to use the student-athlete’s name publicity rights (NIL). The purpose of the regulations contained in this title is to facilitate and to provide guidance with respect to the commercialization of a student-athlete’s publicity rights by a University student-athlete in a manner that protects the student-athlete and is consistent with the principles of amateurism and the mission of the University. These regulations apply to all members of University intercollegiate athletic teams.

2. Ability to Earn Compensation from Use of Publicity Rights.

A student-athlete at the University may earn compensation for the use of his or her publicity rights subject to the regulations set forth in this Policy.

3. Grant-In Aid Not Impacted.

A grant-in-aid, including cost of attendance, awarded to an intercollegiate athlete by the University will not be revoked or reduced solely as a result of an intercollegiate athlete earning compensation or obtaining professional representation in a manner that complies with this Policy.

4. Student-Athletes are Permitted to Engage Representation.

University student-athletes shall be permitted to retain professional representation by an agent, athlete-agent, financial advisor or attorney engaged for the purpose of securing compensation for the use of his or her publicity rights. Any athlete-agent, advisor, lawyer or similar representative representing a University student-athlete for purposes of securing compensation for the use of his or her publicity rights, must be licensed, as applicable, in this state. An attorney representing an intercollegiate athlete for purposes of securing compensation for the use of his or her publicity rights should be a member in good standing of a state Bar Association.

5. Agreements with University Sponsors

A university student-athlete shall be permitted to enter into a contract for compensation for the use of his or her publicity rights or otherwise use or grant to any third party the right to use such student-athlete’s publicity rights in a category other than a Prohibited Sponsorship Category with a third-party University sponsor, provided such sponsorship does not violate any of the restrictions set forth in Section J below.

6. Camps

A student-athlete may own or operate or be employed by his or her institution, by another institution, or by a private organization to work in a camp or clinic as a counselor, unless otherwise restricted by NCAA legislation (see Bylaw 13.12 for regulations relating to camps and clinics) and subject to the provisions of Section J below.

7. Creating Media/Social Media Content

Student-athletes may create and monetize media content and social media content in a manner that does not violate this Policy. The University will continue to have the right to use student-athletes’ NIL in connection with the broadcast of University games and events and otherwise to promote the University and the University’s athletic program and teams.

8. Use of University Facilities

Any proposed use by the student-athlete of any University or Athletic Department facilities will require compliance with the University’s facility use rules and regulations to include rental fees and any other fees normally charged for the use of University property.

1. Required Disclosure

A University student-athlete who enters into a contract for compensation for the use of his or her publicity rights is required to disclose the contract to the University 72 hours prior to engaging in the commercial use of his or her publicity rights. In addition, prior to enrollment, new student-athletes are required to disclose any arrangements or contracts for compensation for the use of his or her name, image and/or likeness that such student-athlete has previously entered into and intends to continue as a University student athlete. The University may designate a disclosure system or software platform into which student athletes will provide any required disclosure. Failure by a student-athlete to fully and accurately disclose any such contracts (whether written or oral) shall subject the student-athlete to disciplinary action, up to and including loss of grant-in-aid and/or expulsion.

10. Restrictions on Publicity Rights Relationships

Any use of a University student-athlete’s publicity rights shall be subject to the following restrictions:

1. Any compensation paid or to be paid to a student-athlete in connection with publicity rights must be commensurate with the Fair Market Value of the authorized use of the athlete’s publicity rights. To preserve the integrity, quality, character, and amateur nature of the University’s intercollegiate athletics program and to maintain a clear separation between amateur intercollegiate athletics and professional sports, such compensation may not be  provided in exchange for athletic performance or attendance at the University and may not be  provided, directly or indirectly, by or on behalf of the University, or a representative or booster  of the University.
2. The fact that a booster is an owner of or is employed by a third party does not mean it is  impermissible for a student-athlete to receive compensation for the use of the student athlete’s publicity rights from such third party, provided the compensation is  being paid for an actual right, good, service or property and the price paid by the third party  is not in excess of the Fair Market Value of such right, good, service or property.
3. If a student-athlete has a question about whether a compensation proposed to be paid for the student-athlete’s publicity rights, the student-athlete should contact the Athletics Compliance Office. 
4. Neither the University nor its athletic program, or any officer, director, or employee of such institution or athletic program, may compensate or cause compensation to be directed to a current or prospective intercollegiate student-athlete for his or her publicity rights.
5. In connection with any use of the student-athlete’s publicity rights or any other  commercial endeavor, the student-athlete shall not use the University name or trademarks, wear University branded apparel, or make reference, in any way, to the University without  the University’s express written permission in each case, and the student-athlete shall not  purport to grant to any third party any such rights to do so.
   1. For example, in advertising or a promotion, a University student-athlete may say “I am John Smith and I am a Division I quarterback” but may not say “I am John Smith and I am a quarterback at Arkansas State University” without prior University consent.
   2. For example, a University student-athlete can stage and promote skills or athletic camp but is not permitted to use the University name or trademarks in any way to identify or promote such camp.
6. A university student-athlete shall not be permitted to enter into a contract for compensation for the use of his or her publicity rights or otherwise use or grant to any third-party the right to use such student-athlete’s publicity rights in any Prohibited  Sponsorship Category. The University will provide University student-athletes with a list of Prohibited Sponsorship Categories, which list may be updated from time to time by the University. In the event a student-athlete enters into a commercial relationship in a Prohibited Sponsorship Category, the student-athlete shall be required to terminate such relationship.  Failure to do so shall subject the student-athlete to disciplinary action, up to and including loss of grant-in-aid and/or expulsion.
7. Despite any agreement a University student-athlete may have with respect to his or her publicity rights, such student-athlete shall compete (both during games/events and  other official University activities) in the University-mandated uniform, including but not  limited to footwear.
8. Student-athletes are not permitted to promote any third-party branding during other official University events or activities without the University’s prior consent. 

Contacts
The designated contact official for this Policy is Josh Daume. The foregoing individuals shall be the primary contact persons for any questions or advice and have been granted authority by the University to enforce, interpret and permit exceptions to this Policy.