THIRD-PARTY LICENSEES

The University of Arkansas Department of Athletics is proud to announce that our Razorback student-athletes will have the ability to utilize their name, image, and likeness (NIL) rights to receive compensation beginning on July 1, 2021. Beginning January 1, 2022, Razorback student-athletes will follow the Arkansas Student-Athlete Publicity Rights Act (Ark. Code Ann. § 4-75-13).

In order to keep our student-athletes safe and in good standing with the UA and the NCAA, below, we have compiled guidelines for third-party licensees (businesses, brands, etc.), as well as Frequently Asked Questions that will help to prepare third-party licensees to begin connecting and working with our student-athletes.

REQUIREMENTS

Third-party licensees should sign up for a NOCAP Sports account where they can contribute and submit contracts with student-athletes.

The third-party licensee may upload contracts with student-athletes to fulfill the above protocols, subject to the same requirements as the student-athlete.

Following the creation of a NOCAP account, a third-party licensee may utilize the platform to contact a student-athlete. Third-party licensees may also contact student-athletes through their social media channels, or through student-athlete’s representatives.

Once a contract is formed with a student-athlete, either the third-party licensee or student-athlete must upload the contract, with terms, conditions, parties, and compensation amounts into the NOCAP portal prior to the contract being executed.

 o Student-athletes and third-party licensees must also be willing to provide any other information regarding the contract deemed necessary by the UA.
  • Term of the agreement
  • Compensation amounts or value of any products or services to be received
  • Parties to the agreement
  • Type of endorsement, services or obligations to be provided

 o If at any point a contract is not in alignment with the standards here and below, as found by the Senior Associate Athletics Director for Athlete Brand Development and Inclusive Excellence and their team, the student-athletes will stop any work to fulfill the contract until the contract can be negotiated to fulfill NIL guidelines.

 o After the contract is fulfilled (video is posted, commercial is released, etc.) a copy of the product should be uploaded to the portal within 72 hours for review after the fulfillment of the contract.

Student-athletes can terminate contracts without being held liable for breach of contract if they are no longer:

 o Enrolled at a higher education institute.
 o Eligible to engage in an athletics program at an institution of higher education.
 o Participating in varsity intercollegiate athletics at an institution of higher education.

CONFLICTS

Third-party licensees should be aware of the conflicts that student-athlete are aware of in order to avoid any problems when negotiating contracts.

Student-athletes cannot endorse a brand during a practice, competition, or other team-sponsored activity.

Student-athlete contracts cannot conflict with a contract of the UA, unless specific permission is granted from the Senior Associate Athletics Director for Athlete Brand Development and Inclusive Excellence.
 o If a company in conflict with a contract of the UA reaches out to the student-athlete, they must undergo the normal protocol for contract approval.
 o It should be noted that the punishment for contracting in violation of the UA’s exclusive contract without permission from the Senior Associate Athletics Director for Athlete Brand Development and Inclusive Excellence will incur more quick and serious action from the UA.

Student-athlete contracts cannot conflict with any other rule, regulation or policy of the university.

Student-athlete contracts cannot involve the student-athlete’s performance or lack of performance in athletic competition.

Student-athletes cannot use the UA’s intellectual property which includes, but is not limited to:
 o Name
 o Nicknames
 o Trademarks
 o Service Marks
 o Facilities, landmarks, monuments, & statues
 o Trade Dress or uniforms
 o Songs, sounds, slogans, cheers, etc.
 o Mascots
 o Images, artwork or designs
 o Logos, symbols, colors, or insignias
 o Radio, television, podcasts or other broadcasts
 o Other intellectual property, whether registered or not

Student-athletes cannot enter into any agreement related to or regarding sponsorships, advertising, promotions or other arrangements, nor shall NIL of student-athletes otherwise be used in association with any of the following:
 o Tobacco products, tobacco-related products, services or usage.
 o Alcohol, alcohol-related products, services, depictions or references to alcohol consumption and/or abuse (not including beer advertising/sponsorship in/on the following.
 o Drugs, drug use or drug paraphernalia, but not including over the counter or prescription drugs.
 o Sexually suggestive or oriented products, services, conduct, imagery or inferences.
 o Gaming, private games of chance, gambling or gambling related products or services.
 o Profanity, racist, sexist, xenophobic, homophobic, transphobic, hateful, demeaning or degrading language or statements.
 o Inherently dangerous products, firearms, explosives and other weapons.
 o Any product, substance, or method that is prohibited in competition by the NCAA, SEC, or other organization governing intercollegiate athletic competition.

QUESTIONS & ANSWERS

If I reach out to the University of Arkansas (UA), will they connect me with student-athletes who I can partner with?
No. The UA will not create those connections for you. Any partnerships between student-athletes and third-party licensees must be created directly or through a student-athlete’s representative.

Which companies can Razorback student-athletes partner with?
Arkansas student-athletes are permitted to contract with any company outside of those in the restricted classes (tobacco, alcohol, etc.), and those that conflict with any exclusive partners/sponsors of the UA. (There may be a very small group of opportunities to contract with some companies that conflict with exclusive partners, but such exceptions would need to be admitted by the Senior Associate Athletics Director for Athlete Brand Development and Inclusive Excellence).

What if my company conflicts with an exclusive partner/sponsor of the UA? Can I still reach out to student-athletes?
For any questions regarding sponsorship conflicts, contact Terry Prentice, Jon Fagg or Jeri Thorpe before executing any contracts if you are in a group with an exclusive contract with the UA.

May a booster or fan who owns a business or company enter into an NIL agreement with a student-athlete?
Yes, the agreement must be disclosed to the UA at least 72 hours prior to being executed and include: the term of the agreement; compensation amounts or value of any products or services to be received; parties to the agreement; and type of endorsement, services or obligations to be provided. Agreements may not be tied to performance or lack of performance in an athletic competition or recruiting inducements.

Any other questions should be directed to Terry Prentice, the Senior Associate Athletics Director for Athlete Brand Development and Inclusive Excellence.

DISCLAIMER

Nothing in this information can or should be considered legal advice and represents in no way the UA representing student-athletes in the commercial use of their publicity rights.

The UA has a cause of action against an athlete agent or third-party licensee if the UA or the student-athlete is adversely affected by an actor or omission of the athlete agent, third-party licensee, or anyone acting on behalf of them in violation of the Arkansas Student-Athlete Publicity Rights Act.