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Information on NIL Legislation ETSU Department of athletics

ETSU Athletics announces partnership with INFLCR

ETSU Athletics has announced a new partnership with INFLCR (pronounced influencer) to provide ETSU student-athletes the best platform to assist them in their name, image and likeness (NIL) experience. Using tools provided by INFLCR, ETSU student-athletes will learn the processes of maximizing their NIL potential, while maintaining NCAA compliance.

  • INFLCR Verified provides East Tennessee State Athletics with a content delivery and compliance platform to assist in the management and monitoring of student-athlete name, image, and likeness activities according to NCAA rules.
  • INFLCR’s Verified suite of products ensures student-athletes are provided the tools, content, financial literacy, and more to participate in NIL opportunities.
  • Powered by the Compliance Exchange administrator dashboard and Storyteller Playbook video library, INFLCR Verified enhances the student-athlete experience by offering a comprehensive solution for responsible brand-building on social media.
  • Athletic programs are adopting this approach to educate and prepare staff and student-athletes for new opportunities and complexities from upcoming NIL legislation, aiming to ultimately provide best-case scenarios for student-athletes who will participate in monetization activities from their NIL.

On July 26, 2021, ETSU enacted an emergency policy that specifies the disclosure requirements and limitations of student-athletes related to name, image, and likeness activities. Nothing in this policy shall impact ETSU’s right to use the name, image, or likeness of Student-Athletes in accordance with NCAA Bylaws. Student-Athletes will continue to participate in institutional promotional activities such as appearances, autograph signings, digital content creation, photo shoots, and similar activities in accordance with existing NCAA rules, but cannot be paid by ETSU to participate in any such activity.

CLICK HERE TO READ ETSU'S NIL POLICY

Effective July 1, 2021, based on the NCAA Division I Board of Directors’ approval of an interim name, image and likeness (NIL) policy (PDF), student-athletes may use their NIL for compensation. This interim policy and the institutional policies and procedures contained herein remain applicable until such time that either federal legislation or new NCAA rules are adopted.

This page will continued to be updated so save this link and refer to it for any NIL questions you or your family may have. You may also contact the ETSU Athletics Department by emailing NIL@ETSU.edu.

This QR code will bring you to this page. Right Click + Save this to your phone so that you can easily send it to others who have questions on NIL and easily refer back to it yourself.

HELPFUL LINKS

educational videos

Additional educational materials may be found on ncaa.org/nil

general rule

Student-athletes may earn compensation for the use of their NIL. Such compensation must be commensurate with the fair market value of the authorized NIL use and may be provided in any form (i.e., cash, check, mobile payment app, product, good, service, etc.). Examples of permissible NIL activities include, but are not limited to student-athlete appearances, autograph signings, camps, clinics, and the promotion/endorsement of products and services. The following is prohibited under the NCAA’s interim policy and may negatively impact a student-athlete’s intercollegiate athletics eligibility: (1) NIL agreement without quid pro quo (e.g., compensation for work not performed); (2) NIL compensation contingent upon enrollment at a particular school; and (3) Compensation for athletic participation or achievement (this may enhance a student-athlete’s NIL value, but may not be the “consideration” for NIL compensation). NIL activities should not conflict with a student-athlete’s academic or team-related obligations.

Disclosing nil activities

As of November 2021, ETSU student-athletes will no longer use ARMS to report on NIL transactions. Now, ETSU student-athletes will login to #INFLCR to report their NIL activities. Click the button below for more on how to access your #INFLCR account and report on any NIL transactions.

Any student-athletes who earn NIL compensation must disclose the agreement to ETSU and file annual reports to ETSU. You must submit a separate form for EACH NIL compensation agreement or endorsement you enter into.

professional service providers

Student-athletes may obtain representation by a third party, including but not limited to, an athlete agent, for the the purpose of securing compensation for NIL activities.

Any third-party representative shall be a fiduciary for the represented student-athlete. Athlete agents who represent student-athletes for the purpose of securing compensation for NIL activities must be licensed in the state of Tennessee under Tenn. Code. Ann § 49-7-2104 and must satisfy the requirements of the Tennessee Athlete Agent Reform Act of 2011, Tenn. Code Ann. § 49-7-2101.

If the student-athlete’s representative is an attorney, the attorney must also be active and in good standing with the Tennessee board of professional responsibility or equivalent entity in the state in which the attorney is licensed.

Before signing any agreement with an agent/advisor/lawyer, student-athlete is responsible for ensuring that the form below is completed and submitted to ETSU for review. No intercollegiate athlete or the agent may enter into an agreement for NIL compensation that conflicts with or unreasonably competes with the terms of an existing ETSU agreement.

INSTITUTIONAL MERCHANDISE/ MEMORABILIA

In accordance with NCAA Bylaw 16.11.2.4, “an item received for participation in intercollegiate athletics may not be sold or exchanged or assigned for another item of value.” Therefore, student-athletes may not sell institutionally-issued apparel, equipment, awards, etc. (even if it will not be re-used) until they have exhausted their competition eligibility.

INSTITUTIONAL MARKS/LOGOS AND CONTENT

ETSU and ETSU Athletics marks and/or logos may only be used with the express written permission of ETSU. ETSU may prohibit a student-athlete from using its trademarks, trade dress, and copyrights in the student-athlete’s NIL activities. Student-athletes may request use of ETSU-related marks and/or logos for NIL activities. Until receiving written permission to use the ETSU marks/logos, a student-athlete shall not appear in any endorsement or social media post while wearing the ETSU marks.

OTHER important information

NIL Compensation does not affect the student-athletes’ grant-in-aid or athletic eligibility.

Income and tax implications associated with NIL activities are the responsibility of the student-athlete. Student-athletes’ need-based financial aid (e.g., Pell Grant) may be impacted based on compensation from NIL. Questions should be directed to the ETSU Athletics Compliance Office. At this time, international student-athletes should not engage in any compensated NIL activities.

To the extent that a student athlete receives need-based financial aid, ETSU may adjust the student-athlete’s need-based financial aid because of compensation earned for the athlete’s name, image, or likeness in the same manner as the institution would for other students with equivalent levels of financial need.

Tennessee law prohibits student-athletes from engaging in NIL activities involving gambling, tobacco, alcohol, and adult entertainment.

Any NIL contract by a student-athlete under 18 years of age must comply with the Tennessee Protection of Minor Performers Act, Tenn. Code Ann. § 50-5-201, et seq.

ETSU may prohibit a student-athlete’s involvement in name, image, and likeness activities that are reasonably considered to be in conflict with the values of the institution. ETSU may adopt reasonable time, place, and manner restrictions to prevent a student-athlete’s NIL activities from interfering with team activities, ETSU’s operations, or the use of ETSU’s facilities.

All NIL-related questions should be sent via email to Dr. Dawn Turner, Senior Associate Athletic Director for Compliance and Student-Athlete Welfare, turnermd3@etsu.edu.