FAQ: Name, Image, Likeness
This is an evolving document, please check back often for any updates. Last update: July 1, 2021.
If you have specific questions, please contact us at NILcompliance@athletics.tamu.edu.
FAQ for Boosters/Fans
May I provide name/image/likeness-compensation to a prospective student-athlete (i.e., PSA)?
No. The Texas law states, “No individual, corporate entity, or other organization may: (1) enter into any arrangement with a prospective student-athlete relating to the prospective student-athlete’s name, image, or likeness prior to their enrollment in an institution of higher education; or (2) use inducements of future name, image, and likeness compensation arrangement to recruit a prospective student-athlete to any institution of higher education.” Generally, PSAs in Texas participate in competition governed by state athletics associations that have amateurism rules which prohibit a PSA from using his/her NIL for compensation.
May I enter into an agreement with a Texas A&M student-athlete (i.e., SA) for the use of the SA’s name, image or likeness (i.e., NIL) in exchange for money, goods or services?
Yes, subject to restrictions in state laws, as well as potential federal laws and NCAA rules; however, before a SA enters into such a contract, the SA must disclose to Texas A&M, in the manner prescribed by the institution, any proposed contract the SA may sign for use of the SA’s NIL.
Does the Texas NIL law mean that a booster or fan of Texas A&M University may provide a student-athlete (i.e., SA) with any amount of compensation at any time as long as it is in exchange for the use of the SA’s NIL?
No, there are some restrictions. Of those restrictions, the most significant prohibit SAs from profiting from their NIL when they are engaged in official team activities and prohibit receiving compensation for their NIL that is based on:
- The SA’s enrollment or attendance at Texas A&M University or
- The SA’s athletic performance at Texas A&M University
May Texas A&M or its staff members assist me with arranging for Texas A&M SAs to utilize their NIL for compensation with my business, etc.?
No. Texas A&M and its staff members may not arrange for our SAs to participate in NIL contracts or activities; however, we may forward information about legitimate NIL-opportunities to our SAs for their consideration. There are two reasons: (1) Texas’ NIL law precludes an institution from providing NIL compensation and (2) Texas law generally prohibits the use of state resources for private gain.
May I act as a marketing agent for a SA?
Yes, you may, but any agreement with the SA must be limited to marketing the SA’s NIL. Furthermore, if you are also an athlete agent*, then you must be registered and bonded as an athlete agent with Texas’ Secretary of State and may not initiate any communication related to professional sport representation with the SA or SA’s family outside of athlete agent interviews organized by Texas A&M.
*Texas law defines an athlete agent as an individual who for compensation, directly or indirectly recruits or solicits an athlete to enter into an agent contract, a financial services contract, or a professional sports services contract with that individual or another person; or for a fee, procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team.
May Texas A&M’s marks, logos or other institutional property be used in a proposed NIL-contract with a Texas A&M SA (e.g., SA filming endorsement ad while wearing Texas A&M hat)?
No. Texas state law prohibits SAs from earning NIL-compensation in exchange for property owned by Texas A&M, or, for providing an endorsement while using intellectual property or other property owned by Texas A&M.
May a SA receive NIL-compensation based on the SA’s athletic performance at Texas A&M?
No.
May an NIL contract stipulate that a SA must compete for, or attend, Texas A&M (or any other NCAA member school)?
No.
May I compensate a SA for the SA’s NIL when the SA is engaged in official team activities?
No. For example, if a SA is at a Texas A&M Athletics-organized fan event or at an away-from-home competition, you may not compensate the SA for the SA’s autograph or photo because the SA is engaged in official team activities. In short, if the SA is participating in some activity because Texas A&M Athletics organized it, then it is an official team activity.
Are there any industries or products that SAs may not endorse?
Yes. Texas law prohibits a SA from entering into a contract for the use of the SA’s name, image or likeness in exchange for an endorsement of:
- Alcohol
- Tobacco products
- E-cigarettes or any other type of nicotine delivery device
- Anabolic steroids
- Sports betting
- Casino gambling
- A firearm the student athlete cannot legally purchase or
- A sexually oriented business as defined in Section 243.002, Local Government Code
What are other examples of when a SA may not engage in NIL-activity for compensation, according to Texas law or Federal law?
Other prohibited examples include compensation for SA NIL activity:
- When the SA is not a US citizen and the SA’s visa generally prohibits employment
- In exchange for:
- Property owned by Texas A&M (e.g., current jersey or equipment)
- An endorsement while using Texas A&M intellectual property or other Texas A&M-owned property (e.g., paying SA for photo when SA is wearing Texas A&M apparel or on Texas A&M’s campus)
- That conflicts with:
- A Texas A&M University contract
- A Texas A&M Athletics’ sport’s written team rules/team contract, Athletics financial aid agreement or Athletics Department student-athlete rules or
- Texas A&M University’s Aggie Code of Honor or other student rules.
How long may a SA’s NIL-related contract last?
The duration of the SA’s contract may not extend beyond the SA's participation in the Texas institution’s intercollegiate athletics program.
Will Texas A&M assist SAs with other NIL-related issues?
Yes. Texas A&M will have a robust program to educate student-athletes in how to maximize the use of their NIL for compensation, as well as understanding associated issues (e.g., financial literacy, debt management, time management, budgeting, academic resources).
If you have specific questions, please contact us at NILcompliance@athletics.tamu.edu.
