University of Memphis Athletics
General NIL Questions
What is Name, Image, and Likeness (NIL)?
As of July 1, 2021, University of Memphis (UM) student-athletes may earn compensation (e.g., cash, check, mobile payment app, product, good, service, etc.) for use of their own Name, Image, and Likeness (NIL).
The compensation must be commensurate with the fair market value of the authorized NIL use. Compensation for a student-athlete's name, image, or likeness cannot be conditioned on athletic performance, or lack thereof, or attendance at a particular institution. In addition, NIL activities without quid pro quo (e.g., compensation for work not performed) are prohibited.
What are NIL activities?
NIL activities may include, but are not limited to, social media endorsements, commercials, appearances, autograph signings, and other similar activities in which a business, brand, product, or service is promoted.
Student-athletes are required to disclose all NIL activities to the UM Athletics Department using the UM’s NIL disclosure program Opendorse.
What kind of promotions are prohibited?
Student-athletes may not engage in NIL activities for the following goods and/or services:
- Gambling in any format (in-person, online, etc.), including sports wagering
- Alcohol products, beverages, or brands
- NCAA-banned substances
- Controlled Substances
- Marijuana
- Tobacco (including but not limited to any tobacco product, alternative nicotine product, or electronic nicotine delivery system)
- Adult entertainment products or services
- Any Product Inconsistent with the Values & Mission of the UM
In addition, student-athletes cannot engage in NIL activities that occur during, conflict or interfere with a student-athlete’s academic, team-related, or UM operations.
Are there any restrictions on how much compensation a student-athlete may receive for NIL activities?
There is no specific limitation on compensation. However, individual NIL deals must be commensurate with the fair market value. In addition, student-athletes should ensure they understand how NIL compensation may affect their federal financial aid (e.g. Pell Grant, loans, etc.) office prior to engaging in NIL activities.
International student-athletes should NOT enter into any NIL agreements without guidance from the UM’s International Services Office to discuss and prevent any complications with a student visa or immigration issues.
Can a student-athlete use an agent for NIL activities?
Yes. A student-athlete may secure representation by a third-party, such as an agent, for the purpose of securing compensation for NIL activities. Any third-party representative must be a fiduciary for the represented student-athlete. Any representative who is an agent must be must satisfy all licensure requirements under Tennessee state law. Any representative who is an attorney must be active and in good standing with the board of professional responsibility or equivalent entity in the state in which the attorney is licensed. NCAA rules still prohibit student-athletes from having agents to market their athletics ability for professional sports opportunities.
Can a student-athlete use UM facilities for NIL activities?
Student-athletes cannot participate in NIL activities on UM property unless the property has been rented in accordance with UM’s facility rental process.
Student-athletes can request information about the UM facility rental process by contacting our NIL office at nil@memphis.edu.
Can a student-athlete use UM’s or UM Athletics’ Logos or Trademarks for NIL Activities?
Student-athletes are not outright prohibited from using UM’s or UM Athletics’ trademarks, copyrights, logos, symbols, brand names, slogans, or any other intellectual property whether registered or unregistered (collectively referred to as “Intellectual Property”) in conjunction with NIL activities. However, prior written approval is necessary, and rights to use the Intellectual Property may need to be obtained through proper channels prior to use, which may require a written agreement with the UM.
This also includes a restriction on the use of any videos or photos that contain UM’s Intellectual Property, the use of any UM-protected names, phrases, or verbiage, any UM-produced content (e.g., images, video, audio, etc.), and the use of any UM merchandise which contains UM Intellectual Property.
Student-athletes can request information about the approval process for use of UM Intellectual Property by contacting our NIL office at nil@memphis.edu.
Who do I contact with questions?
Please visit gotigersgo.com/nil for a complete list of resources. If you have questions about NIL activities, please email our NIL office at nil@memphis.edu.
For Student-Athletes
How to the changes related to NIL affect me?
UM student-athletes are allowed to earn compensation (e.g., cash, check, mobile payment app, product, good, service, etc.) for use of their own Name, Image, and Likeness (NIL). Student-athletes should make sure to review UM’s website for information about NIL activities, as well as the Tennessee State law related to NIL activities.
Am I required to disclose my NIL activities to UM?
Yes. A student-athlete must disclose to UM all compensated NIL Activities through Opendorse. Student-athletes are required to disclose the details surrounding the NIL activities, including, but not limited to, the verbal or written NIL agreement, the identity of the persons or entities who provide the compensation, the amount of compensation, details about the activities, and when and where the activities will take place.
Will NIL compensation affect my athletic scholarship?
No. Compensation earned from a student-athletes NIL activities cannot affect the amount, duration, or renewal of, or a student-athlete’s eligibility for, any athletic scholarship. However, compensation earned from a student-athlete’s NIL activities may be used for the calculation of income for determining eligibility for need-based financial aid and Pell grants.
Are there certain categories of goods and/or services that I cannot use in my NIL Activities?
Yes. A student-athlete cannot earn compensation for the use of their NIL for the endorsement of tobacco, alcohol, illegal substances or activities, NCAA-banned substances, adult entertainment products and/or services, gambling (including, but not limited to, sports wagering) in any format (in-person, online, etc.), and other activities that are reasonably considered to conflict with UM values.
Are there any restrictions on how much I can receive for NIL Activities?
No. There is no specific limitation on compensation. However, individual NIL deals must be commensurate with the fair market value. In addition, student-athletes should ensure they understand how NIL compensation may affect their federal financial aid (e.g. Pell Grant, loans, etc.) office prior to engaging in NIL activities.
Can I autograph and sell items I receive from the UM Athletics Department (i.e., shoes, apparel, etc.)?
No. Student-athletes cannot sell any items received from the UM Athletics Department.
Can I miss class to participate in NIL Activities?
No. Student-athletes cannot miss class to participate in NIL Activities.
Can I miss team activities (i.e., practices, competition, meetings, training, etc.) to participate in NIL Activities?
No. Student-athletes cannot miss team activities (i.e., practices, competition, meetings, training, etc.) to participate in NIL Activities.
Can I wear my uniform or any UM-issued apparel while engaging in NIL Activities?
No. Student-athletes cannot wear their uniforms or any UM-issued apparel while engaging in NIL Activities unless prior written approval is provided. Please contact our NIL office at nil@memphis.edu with further questions.
If I sign a contract with and/or receive Compensation from a company or brand, can I wear their items and/or use their equipment or gear during practice or competition?
No. Student-athletes cannot wear any item of clothing or shoes or use any type of equipment or gear with the insignia of any entity that is not a UM Athletics sponsor during any team activity. An athletics sponsor is any entity with whom UM has a contract under which student-athletes are required to wear and/or utilize certain apparel, shoes, equipment or gear while representing UM (e.g., Nike).
Can I hire an agent or advisor to assist me with my NIL Activities?
Yes. A student-athlete may secure representation by a third-party, such as an agent, for the purpose of securing compensation for NIL activities. Any representative who is an agent must be must satisfy all licensure requirements under Tennessee state law. Any representative who is an attorney must be active and in good standing with the board of professional responsibility or equivalent entity in the state in which the attorney is licensed.
NCAA rules still prohibit student-athletes from having agents to market their athletics ability for professional sport opportunities.
Can I receive NIL compensation based on a my athletic performance at UM (pay for play)?
No. A student-athlete cannot receive compensation on athletic performance, or lack thereof.
Can I enter into an NIL contract stipulates that I must compete for, or attend, UM?
No. Compensation for a student-athlete's NIL cannot be conditioned on attendance at a particular institution.
Can I use UM’s or UM Athletics’ Logos or Trademarks for NIL Activities?
Student-athletes are not outright prohibited from using UM’s or UM Athletics’ trademarks, copyrights, logos, symbols, brand names, slogans, or any other intellectual property whether registered or unregistered (collectively referred to as “Intellectual Property”) in conjunction with NIL activities. However, prior written approval is necessary, and rights to use the Intellectual Property may need to be obtained through proper channels prior to use, which may require a written agreement with the UM.
This also includes a restriction on the use of any videos or photos that contain UM’s Intellectual Property, the use of any UM-protected names, phrases, or verbiage, any UM-produced content (e.g., images, video, audio, etc.), and the use of any UM merchandise which contains UM Intellectual Property.
Student-athletes can request information about the approval process for use of UM Intellectual Property by contacting our NIL office at nil@memphis.edu.
Can I use UM facilities for my NIL activities?
Student-athletes cannot participate in NIL activities on UM property unless the property has been rented in accordance with UM’s facility rental process.
Student-athletes can request information about the UM facility rental process by contacting our NIL office at nil@memphis.edu.
I am an international student-athlete. Can I participate in NIL Activities?
International student-athletes should NOT enter into any NIL agreements without guidance from the UM’s International Services Office to discuss and prevent any complications with a student visa or immigration issues.
For Businesses
Can I enter into an agreement with a UM student-athlete for the use of the student-athlete’s name, image, or likeness?
Yes. Businesses may enter into agreements with and/or provide compensation to UM student-athletes for use of the student NIL so long as the NIL activity is in exchange for money, goods, or services and complies with the NCAA Policy, the UM policies and guidelines, and any other applicable laws, rules, or regulations.
I am a UM donor; can I enter into an agreement with a UM student-athlete for NIL activities?
Yes. Donors can enter into agreements with and/or provide compensation to UM student-athletes for use of the student's NIL in accordance with the same standards mentioned in the above question.
Can UM marks or logos be used in NIL Activities?
Use of UM’s or UM Athletics’ trademarks, copyrights, logos, symbols, brand names, slogans, or any other intellectual property whether registered or unregistered (collectively referred to as “Intellectual Property”) is not permitted without prior written approval from UM, which may require a written agreement with the UM.
This also includes a restriction on the use of any videos or photos that contain UM’s Intellectual Property, the use of any UM-protected names, phrases, or verbiage, any UM-produced content (e.g., images, video, audio, etc.), and the use of any UM merchandise which contains UM Intellectual Property.
Information about the approval process for use of UM Intellectual Property by contacting our NIL office at nil@memphis.edu.
Can a UM student-athlete receive compensation for NIL based on the student-athlete’s athletic performance at UM?
No. A UM student-athlete cannot receive compensation for NIL based on their athletic performance at UM.
Can an NIL contract and/or payment of NIL compensation stipulate that a student-athlete must compete for, or attend, UM?
No. Neither a NIL contract nor payment of NIL compensation can stipulate and/or be contingent upon a student-athlete competing for, or attending, UM (or any other NCAA school).
Are there any industries or products that student-athletes cannot endorse?
Yes. A student-athlete cannot earn compensation for the use of their NIL for the endorsement of tobacco, alcohol, illegal substances or activities, NCAA banned substances, adult entertainment products and/or services, gambling (including, but not limited to, sports wagering) in any format (in person, online, etc.), and other activities that are reasonably considered to conflict with UM values.
Are there any restrictions on how much compensation a student-athlete can receive for NIL Activities?
No. There is no specific limitation on compensation. However, individual NIL deals must be commensurate with the fair market value.
Can a business provide a UM student-athlete with non-cash compensation (e.g., free meal, discounts, etc.) for an NIL Activity?
Yes, in-kind compensation is permissible, provided the student-athlete has completed the NIL activity and the student-athlete discloses the agreement to the UM. It remains impermissible to provide payment of any kind to a student-athlete for work not performed.
Can a business provide a UM student-athlete with non-cash compensation (e.g., free meal, discounts, etc.) without the student-athlete performing an NIL Activity?
No. There must be quid pro quo in all NIL deals, meaning work must be done to earn compensation. The student-athlete must use their name, image, or likeness in some way to earn the payment or benefit, or else it would be considered by the NCAA to be an impermissible extra benefit impacting eligibility.
Can a business purchase a game-worn jersey from a student-athlete to display at their location?
No. Per NCAA rules, student-athletes may not sell or exchange for another item of value institutionally issued apparel, equipment, awards, etc. (even if it will not be re-used) until they have exhausted their eligibility.
Does the institution need to be notified of the NIL opportunity?
Yes. A student-athlete must disclose to UM all compensated NIL Activities.
Who do I contact with questions?
Please visit gotigersgo.com/nil for a complete list of resources. If you have questions about NIL activities, please email our NIL office at nil@memphis.edu.