Southern Arkansas University’s portal to inform and enable SAU student-athletes to fully capitalize on their Name, Image, and Likeness (NIL).
THE BRAND
As of July 1, 2021, eligible student-athletes are able to benefit (financially) from the commercial use of their Name, Image, and Likeness
Mulerider Student-Athletes must report any NIL opportunity to the Athletic Department (through JumpForward) at least 72 hours prior to an agreement being entered.
SAU acts solely to preserve and maintain the eligibility of each student-athlete.
As such, SAU may not serve its student-athletes as an agent, negotiator, mediator, or facilitator for NIL opportunities. Payment for NIL activity should be at fair market value and for actual work performed (quid pro quo).
Any NIL agreement may not be tied to the performance of a student-athlete. ALL NIL activities must take place outside of practice, competition, or any other team sponsored activity.
International student-athletes should first speak with Cindy Grimes (International Student Services), before making NIL arrangements, in order to protect against any immigration issues that may arise.
A student-athlete may hire representation (agents, lawyers, etc.) for commercial use only (this excludes athletic and professional purposes). Any NIL agreement, or activity, may not conflict with any rule, regulation, or policy of Southern Arkansas University, the state of Arkansas, or the NCAA.
NIL policy relates solely to individual student-athletes. As such, student-athletes are prohibited from using SAU’s intellectual property in fulfilling the duties of an agreement. This includes, but not limited to: name, nicknames, trademarks, service marks, landmarks, facilities, trade dress, uniforms, songs, mascots, logos, images, symbols, or other intellectual property whether registered or not.
NIL agreements of a student-athlete may not conflict with a standing agreement between SAU and its Executive Sponsors: Aramark, Pepsi, and Under Armour.
Student-athletes may not engage in any NIL agreements in association with any of the following restricted classes: 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 substance || Drug paraphernalia || Weapons, including without limitation firearms and ammunition || Profanity and demeaning or degrading language or statements of any kind || Any product, substance, or method that is prohibited in competition by an athletic association, athletic conference, or other organization governing varsity intercollegiate athletic competition.
Student-athletes reserve the right to rescind their NIL agreement if they are no longer (1) Enrolled at SAU, (2) Eligible to participate in varsity athletics at SAU and (3) Participating in varsity athletics at SAU.
SAU’s NIL Policy mirror’s the State of Arkansas’s Arkansas Student-Athlete Publicity Rights Act. It is centered on the use of a student-athlete’s name, image, and likeness for the commercial advertisement and solicitation of goods and services; effective immediately.
Click here for more information: ARKANSAS STUDENT-ATHLETE PUBLICITY RIGHTS ACT || NCAA INTERIM POLICY || NCAA RESOURCES
THE BRAND: STUDENT-ATHLETES
Southern Arkansas University is committed to informing and educating our student-athletes on how they can benefit from their Name, Image, and Likeness while keeping their amateurism and eligibility intact.
Using Your Brand
- You must be academically and athletically eligible to participate in varsity athletics competition in order to commercially use your NIL
- Report each NIL activity 72 hours (3 days) prior to entering an agreement
To report an NIL activity, fill out the “NIL - Reporting Form” on JumpForward. The form will be reviewed by the Asst. AD for Internal Operations, the Athletic Director, and (if necessary) SAU’s legal team. Once reviewed, you will receive an email with the approved/denied form and instructions on how to move forward. If it is found that the agreement you have participated in is in violation of any State, SAU, or NCAA policies, sanctions may be imposed. These include, but are not limited to:
- Limitations of NIL usage
- Disciplinary protocols outlined in SAU’s Student-Athlete Handbook
- Probation
- Review by Administration (athletic and institutional)
- Reprimand
- Suspension
- Dismissal
- Loss of Eligibility
BRANDING REPRESENTATION
- You may hire an Arkansas licensed representative, for commercial use of your NIL only. This includes an (1) Agent, (2) Attorney or (3) Financial Advisor.
- Having an agent for athletic or professional use is a violation and could result in a loss of eligibility.
- Disclaimer: SAU will only provide legal services pertaining to the commercial use of our student-athletes’ NIL so far as to protect their amateurism and eligibility.
BURNING QUESTIONS
1. Can Southern Arkansas University use my NIL to promote the University, its Athletic Department, and any foundation or club associated with it?
Yes. Southern Arkansas University reserves the right to use the NIL of any and all student-athletes for educational purposes or to promote the institution of higher education and its educational, athletic, or other institutional objectives in accordance to the Frank Broyles Publicity Rights Protection Act [4-75-1110 (a)(1)(D)]
2. Is there anyone or company that I am not allowed to work with?
Yes, there are several. Southern Arkansas University reserves the exclusive right to work with Aramark, Pepsi, and Under Armour. You are also prohibited to work with people or companies in association with the restricted classes (alcohol, tobacco, etc.).
3. Will an attorney from SAU or a representative of SAU be able to advise me on or negotiate my contracts?
No. You, or your own representative are required to be knowledgeable about and negotiate your own contracts. When it comes to your NIL, SAU’s Athletic Department is here to inform you about, educate you on, and help maintain your athletic eligibility. SAU, nor any of its representatives, may identify, create, facilitate, negotiate, or otherwise enable opportunities for a student-athlete to earn compensation for the commercial use of the student-athlete’s publicity rights. It is your responsibility to comply with any, and all, local, state, and federal laws along with the contract terms and conditions; to include taxes and fees.
4. Will compensation earned from using my NIL affect my athletic aid?
No, however you may need to speak with the Financial Aid office as extra earnings may affect need based aid.
THE BRAND TASK FORCE
870.235.5387 || HKR 119 thebrand@saumag.edu
- Steve Browning | SAU Director of Athletics
- Roger Giles | SAU Vice President for Administration & General Counsel
- Sage Woodham | Assistant Athletic Director for Internal Operations/ Senior Woman Administrator
The Brand: Representatives
We are dedicated to ensuring our student-athletes remain violation free with Southern Arkansas University and the NCAA. As such, we have created information and protocols pertinent for all representatives of our student-athletes.
Ironing Out The Details
- As of July 1, 2021, a person may represent an SAU student-athlete’s commercial publicity rights. Any professional, or athletic, representation is in violation of NCAA bylaw 12.3.1, as long as the student-athlete remains an amateur.
- Any agent, athlete agent, financial advisor, or attorney who is the commercial representative of a Southern Arkansas University student-athlete, must be licensed in the state of Arkansas. CLICK HERE FOR ATHLETE AGENT REGISTRATION.
- A student-athlete may legally void their contract with a representative if (1) The student-athlete is no longer enrolled at SAU, (2) The student-athlete is no longer academically/athletically eligible to engage with their varsity program at SAU (academically or athletically ineligible) and/or (3) The student-athlete is no longer participating with their varsity program (quit or was cut from team).
Branding – Representation Requirements
In order to represent a student-athlete at SAU, you will need to complete The Brand: Student-Athlete Representation form on the Mulerider Athletics website.
- The form is required to be completed 72 hours before the contract may be executed.
- You will be required to provide the following information: (1) Contract Terms, (2) Conditions, (3) Parties Involved and (4) Compensation Amounts & Types.
- By submitting the form, the representative confirms that the contract presented is within NCAA guidelines.
- 2020-2021 NCAA DII Manual (Most recent)
Representatives must ensure that the student-athlete they are representing is completing all necessary documentation with Southern Arkansas University
Southern Arkansas University reserves the right to state a cause of action for damages against the representative or third-party licensee if any of the above protocols are violated and Southern Arkansas University is adversely affected by an act or omission by the representative or the third-party licensee.
Questions should be sent to The Brand Task Force by email (thebrand@saumag.edu), by phone (870.235.5387) or by stopping by HKR 119.
Disclaimer: This information cannot, and should not, be considered legal advice; nor does it, in any way, represent SAU student-athletes in the commercial use of their publicity rights.
The Brand: Third-Party Licensees
We are dedicated to ensuring our student-athletes remain violation free with Southern Arkansas University and the NCAA. As such, we have created information and protocols pertinent for all representatives of our student-athletes.
Ironing Out The Details
In order to represent a student-athlete at SAU, you will need to complete The Brand: Third-Party Licensee form on the Mulerider Athletics website.
- The form is required to be completed 72 hours before the contract may be executed.
- You will be required to provide the following information: (1) Contract Terms, (2) Conditions, (3) Parties Involved and (4) Compensation Amounts & Types.
- If the contract, or work, is misaligned with SAU’s NIL policy, the contract is considered void and the student-athlete will discontinue their services.
- A student-athlete may legally void their contract with a representative if (1) The student-athlete is no longer enrolled at SAU, (2) The student-athlete is no longer academically/athletically eligible to engage with their varsity program at SAU (academically or athletically ineligible) and/or (3) The student-athlete is no longer participating with their varsity program (quit or was cut from team).
Branding Conflicts
- An SAU student-athlete may conduct NIL work outside of practice, competition, or any other team sponsored activity or event (to include any Athletic Department activity or event).
- SAU student-athletes are restricted from entering into agreements with SAU’s Executive Sponsors: Aramark, Pepsi and Under Armour.
- Agreements with student-athletes may not be made based on athletic performance or the lack thereof.
- Student-athletes are restricted from using SAU’s intellectual property for commercializing their own NIL (see Hot Topics).
- Student-athletes may not make agreements with third-party licensees in association with any restricted class (see Hot Topics).
- SAU will not play a mediator role to create connections between student-athletes and third-party licensees.
- Boosters, who are third-party licensees, may enter into an agreement with an SAU student-athlete, provided all documentation is submitted and no violations are found.
Questions should be sent to The Brand Task Force by email (thebrand@saumag.edu), by phone (870.235.5387) or by stopping by HKR 119.
Disclaimer: This information cannot, and should not, be considered legal advice; nor does it, in any way, represent SAU student-athletes in the commercial use of their publicity rights.