UMAC: Trademark Licensing

Utah State University NIL Guidelines for NCAA Student-Athlete

NIL Refers to the rights of student-athletes to monetize and profit from their name, image and likeness. Opportunities to capitalize on NIL include but are not limited to:

The following guidelines apply to all NCAA student-athletes:

Use of Utah State and Conference Trademarks

Except as expressly authorized in writing, student-athletes are not permitted to use Utah State or athletic conference/or Mountain West trademarks (e.g., the name of USU, its logos, symbols, images, or facility names (e.g., Maverik Stadium)) in their NIL activities.  Authorization may be granted by USU’s Trademark Licensing Office (in the case of USU trademarks) or by the athletic conference (in the case of conference trademarks).

Compensation

Utah State student-athletes may receive compensation, either in-kind or monetarily, for engaging in NIL activities, subject to the NCAA. Utah State student-athletes may engage in NIL activities and receive corresponding compensation from Utah State donors or sponsors so long as the compensation is for the NIL activity, is fair market value, and is not a recruiting inducement or an inducement to remain enrolled at Utah State. Utah State, its athletic department, and staff members may not compensate or arrange for compensation to a current or prospective student-athlete for their NIL. Additionally, Utah State (including institutional employees and most independent contractors) may not be involved in the development, operation, or promotion of NIL activities on behalf of student-athletes. Student-athletes may not engage in NIL activities while representing Utah State (e.g., practice, conditioning, competition, team travel, and athletic sponsored promotional activities).

Disclosure of NIL Activities

While enrolled at Utah State, student-athletes must disclose any NIL activities to Utah State Athletics Office of Compliance prior to engaging in the activity. Utah State student-athletes are required to submit their contracts or agreements in the disclosure process. This process is in place to protect the eligibility of Utah State student-athletes and to allow Utah State to comply with any applicable laws. The disclosure is not an approval process. Utah State, its athletic department, and its staff may not provide legal, financial, or business advice to student-athletes regarding NIL activities. Student-athletes who fail to disclose any NIL agreement may face penalties up to removal from their team and/or loss of athletic scholarships.

Use of University Facilities

Student-athletes may, subject to availability and the terms of a facility use agreement, use Utah State Athletics’ Utah State facilities to conduct camps, clinics, or lessons if the student-athlete pays the customary facility rental rate. Student-athletes may not use Utah State facilities in such a manner that creates the impression — either express or implied — that Utah State oversees the camp/clinic or expressly or indirectly endorses the student-athlete, service, or product, unless prior written approval is obtained from USU’s Trademark Licensing Office.

More information on renting facilities can be found though Event Services.

Equipment and Awards

Per NCAA rules, throughout their enrollment (which extends through the end of their final semester) student-athletes may not sell (a) equipment or products provided to the student-athlete by USU or (b) awards received for intercollegiate athletic participation.

Restricted Categories

Student-athletes are encouraged to participate in NIL activities with entities in categories that align with Utah State institutional values and refrain from contrary entities (e.g., gambling/sports wagering vendors, vendors associated with substances banned by the NCAA, alcoholic beverage vendors, etc.).

Professional Advice

Utah State student-athletes are permitted to obtain professional advice (e.g., accountants, attorneys, or agents) to help them with NIL activities. Utah State recommends that student-athletes thoroughly vet the qualifications, licensure, and professionalism of any such agents or professional advisors prior to working with them (e.g., agents should be registered to do business in Utah and should be familiar and comply with the federal Sport Agent Responsibility and Trust Act).  USU will not be responsible for any agreement or contractual obligation made by a student-athlete or their agent.  Agents of USU student-athletes should register with the Utah State Athletics Office of Compliance.  USU, its athletics department, its staff, volunteers, and contractors will not serve as professional service providers for student-athletes or participate in the evaluation, recommendation, or selection of professional service providers for student athletes.

Educational Resources

Utah State is committed to providing exceptional educational opportunities, through both traditional and nontraditional platforms, in addition to championship level athletic opportunities for all student-athletes participating in intercollegiate athletics. Utah State educational programming and support is designed to help student-athletes reach their highest academic potential while earning a Utah State degree. With the NCAA providing guidance to allow student-athletes to be compensated for their NIL, Utah State is committed to allowing student-athletes to decide whether to seek compensation for NIL activities.

Utah State Athletics’ will provide broad educational opportunities for its student-athletes that include the areas of brand management, brand development, personal finance, and entrepreneurship to maximize their opportunity with respect to NIL, while also protecting their NCAA eligibility.

These NIL educational efforts will be in addition to Utah State Athletics’ existing efforts to provide personal and professional development programs, which provides holistic development opportunities for our student-athletes and support to prepare them for success beyond Utah State.

NIL Frequently Asked Questions:

What is a name, image, and likeness activity? 

It is an activity that involves the use of an individual’s (i.e., a prospective or current student-athlete’s) name, image, and/or likeness for commercial or promotional purposes.

What are NCAA Policies regarding NIL? 

What is the impact of the NCAA interim NIL policy on prospective student-athletes? 

Prospective student-athletes may engage in the same types of NIL opportunities available to current student-athletes under the interim NIL policy without impacting their NCAA eligibility. NIL opportunities may not be used as a recruiting inducement or as a substitute for pay-for-play. Individuals are encouraged to consider state laws, if applicable, and the rules of any relevant amateur governing bodies.

How can I benefit from these new policies without jeopardizing my ability to compete? 

Simply put, communicate as frequently as necessary with our NCAA Compliance Office to ask any and all questions you may have.

Which state law is applicable to prospective student-athletes prior to enrollement? 

The NCAA cannot provide guidance on issues of state law. The state you live in and the states where a prospective student-athlete may wish to enroll may have NIL laws with which you will want to be familiar. A prospective student-athlete may consult a professional services provider, contact the athletics compliance office of NCAA schools they may choose to attend, or research state law compliance requirements where they may wish to enroll. NCAA schools may also have specific NIL policies that should be considered.

Who is a professional service provider? 

A professional service provider is an individual who provides third-party services to a prospective or current student-athlete. It includes, but is not limited to, an agent, tax advisor, marketing consultant, attorney, brand management company or anyone who is employed or associated with such persons.

I received an NIL opportunity form a direct competitor to a sponsor of Utah State Athletics. Is this allowed? 

Yes. There is no restriction on those opportunities here at Utah State. However, you cannot engage in that opportunity or fulfill it while representing Utah State Athletics. For example, while you are at practice, you must continue to wear team-issued apparel. You cannot wear apparel that you are promoting or received through an NIL opportunity.

I have a large following on my social media channels where I discuss fitness and received an NIL opportunity to promote a fitness product. Is this allowed? 

Yes. However, you must ensure that the product you are endorsing or potentially using does not included any ingredients on the NCAA’s list of banned substances. NIL opportunities do not supersede NCAA drug testing policies.

Are individuals permitted to enter an NIL agreement with sponsors/donors? 

Yes, provided the activity is in accordance with state laws and school policy, is not an impermissible inducement and does not constitute pay-for-play.

Are international student-athletes permitted to benefit from name, image, and likeness activities?

NIL doesn’t distinguish U.S. from international students. However, international student visas restrict the ability to work off-campus in the U.S., so international students should consult with the campus Office of Global Engagement or an immigration attorney regarding visa and tax implications for NIL work off-campus.

Does the NIL Policy change how Utah State may use my name, image, and likeness?

No. A school is still permitted to use a student-athlete's name, image, and likeness to support its charitable and educational activities, as well as activities related to participation in college sports, subject to applicable state laws.

Is Utah State Athletics permitted to compensate student-athletes related to NIL activities?

No. Per the NCAA rules, neither an institution nor an athletic association (conference) shall provide compensation to a current or prospective student-athlete. Specifically, student-athletes may not receive compensation to use his/her NIL to promote a university department or commercial venture (e.g., Aggie Ice Cream).

How do I report NIL compensation for tax purposes?

Individuals should follow all applicable tax laws for reporting NIL compensation. Requirements may vary based on state and/or country.

Does compensation I receive through NIL activities affect my financial aid?

Yes and no. Compensation you receive does not affect your athletic scholarship, but it may affect the amount of need-based aid you receive. These types of federal and state aid include but are not limited to Pell Grants.

How involved can Utah State Athletics administration, coaches, and staff be in NIL activities?

Utah State cannot participate in the procurement, management, or execution of NIL activities alongside or on behalf of their student-athletes. However, Utah State Athletics will continue to provide guidance to ensure student-athletes do not jeopardize their eligibility, and forthcoming partnerships will support student-athletes in their NIL activities.

Is a student-athlete allowed to miss class or team activities to participate in NIL activities?

Student-athletes will need to follow the team rules for their particular team and manage these scenarios with careful communication with their coaches. Generally speaking, Utah State strongly discourages student-athletes from missing class, practice and competition for NIL events.

Utah State administrators, coaches, and staff cannot use inducements or make promises of future endorsements to prospective student-athletes.

Utah State administrators, coaches, and staff cannot help secure endorsement or arrange
paid income opportunities for current student-athletes.

The NCAA has a NIL hub that will update with additional educational materials as they become available.