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Arkansas Tech University Athletics

Arkansas Tech University Athletics
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NIL
 
POLICY
The purpose of this policy is to comply with the Arkansas General Assembly's Act 810 of 2021 as well as the NCAA's Interim NIL policy effective July 1, 2021. On June 30, 2021, all three NCAA divisions adopted a uniform, interim policy suspending NCAA name, image and likeness rules for all incoming and current student athletes. The NCAA's temporary policy will remain in place until federal legislation or new NCAA rules are adopted. 

RIGHT TO COMPENSATION

Except as prohibited by state law, the NCAA, or university policy, a student-athlete may enter into a contract and receive compensation for the commercial use of the student-athlete's publicity rights. Please note:

  • a. This policy does not allow NIL compensation contingent on enrollment at Arkansas Tech University; 
  • b. This policy does not allow compensation for athletic participation or achievement; and 
  • c. This policy does not allow compensation for work not performed. 

REPORTING FORM
STUDENT-ATHLETE'S DISCLOSURE

Arkansas Tech University will utilize Attachment "B" (FOUND HERE (PDF)) as its reporting form for student-athletes who will be or have been compensated for the use of their names, images and likenesses for promotional purposes. This form must be submitted to the Arkansas Tech University compliance officer within 10 calendar days of the student-athlete entering into a NIL agreement.

*In an abundance of caution, and for purposes of understanding the potential impact on the student's financial aid eligibility, the University does recommend that student-athletes check with the Arkansas Tech University athletic compliance prior to entering into NIL agreements. 

REPORTING FORM
PROFESSIONAL REPRESENTATIVE 
DISCLOSURE

An agent, athlete agent, financial advisor, or attorney who is providing professional representation of a student-athlete shall be licensed, as applicable, in Arkansas. Arkansas Tech University will utilize Attachment "B"
(FOUND HERE (PDF)) as its reporting form for professional representative disclosure. A professional representative of a student-athlete for a contractual or legal matter regarding the student-athlete's opportunity to earn compensation for the commercial use of the student-athlete's publicity rights shall disclose to the Arkansas Tech University athletics compliance officer the relationship between the professional representative and the student-athlete as well as the existence of the NIL agreement, including without limitation the contract terms, conditions, parties and compensation amounts. This disclosure shall be achieved by the completion and submission of Attachment B, and should occur within 10 calendar days of the student-athlete entering into a NIL agreement. 

USE OF UNIVERSITY PROPERTY

Student-athletes who have entered into a NIL agreement may not use the Arkansas Tech University name, nicknames, trademarks, service marks, landmarks, facilities, trade dress, uniforms, songs, mascots, logos, images, symbols, or other intellectual property, whether registered or not, of Arkansas Tech University, the Great American Conference, NCAA, or any other organization with authority over varsity intercollegiate athletics. 

PROHIBITED ITEMS

A student-athlete participating in varsity intercollegiate athletics is prohibited from earning compensation as a result of the commercial use of the student-athlete's publicity rights in connection with any person or entity related to or associated with the development, promotion, production, distribution, wholesaling, or retailing of: 

  • Adult entertainment, sexually suggestive products, or sex-oriented products, services, conduct, imagery, or inferences; 
  • Alcohol products; 
  • A casino and gambling, including without limitation, sports betting and betting in connection with a video game or online game, or on a mobile device; 
  • Tobacco, marijuana, or electronic smoking products and devices; 
  • Pharmaceuticals; 
  • Any dangerous or controlled substances; 
  • Drug paraphernalia; 
  • Weapons, including without limitation firearms and ammunition; or 
  • Any product substance, or method that is prohibited in competition by an athletic association, athletic conference, or other organization governing varsity intercollegiate athletic competition. 

NIL CONTRACT RESTRICTIONS

Neither a third-party licensee, nor a student-athlete, shall enter into a contract for the commercial use of the student-athlete's publicity rights if the contract:

  • a. Requires the student-athlete to endorse, use, solicit, sell, market, advertise, promote, refer to, mention, display, or otherwise promote the name, image, logo, product, service, purpose, campaign, business, digital or physical address, or location of any third-party licensee or commercial entity during a varsity intercollegiate athletic practice, competition, or other activity; 
  • b. Conflicts with a term or condition of a contract, policy, rule, regulation, or standard of Arkansas Tech University; or 
  • c. Involves the student-athlete's performance or lack of performance in athletic competition.

PROSPECTIVE STUDENT-ATHLETES

No prospective athletes who may attend Arkansas Tech University, no third-party licensee, nor anyone acting on behalf of a prospective student-athlete, may negotiate or receive compensation for the commercial use of the student-athlete's publicity rights before the student-athlete's enrollment at Arkansas Tech University, or practice or competition in varsity intercollegiate athletics. 

UNIVERSITY POLICIES

Nothing in this policy shall limit Arkansas Tech University's ability to establish and enforce: 

  • Academic standards, requirements, regulations or obligations for its students; 
  • Team rules of conduct or other rules of conduct; 
  • Standards or policies regarding the governance or operation of or participation in varsity intercollegiate athletics; or 
  • Disciplinary rules generally applicable to all students at Arkansas Tech University. 

RESCISSION

Effective January 1, 2022, and pursuant to Act 810 of 2021, a student-athlete may rescind a publicity rights agreement with a third-party licensee or a contract for professional representation related to publicity rights without being held liable for breach of contract and with no obligation to return payments received before giving notice of rescission if the student-athlete is no longer:
  • a. Enrolled at Arkansas Tech University; 
  • b. Eligible to engage in any varsity intercollegiate athletics program at Arkansas Tech University; or 
  • c. Participating in varsity intercollegiate athletics at Arkansas Tech University.

INTERNATIONAL STUDENT-ATHLETES 

Prior to signing a NIL agreement, international student-athletes should seek guidance from the Arkansas Tech University Office of Diversity and Inclusion regarding the impact of such an agreement in correlation with the student's visa status. 

Additional NCAA Resources (CLICK HERE)