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Jun 30, 2021

Name, Image and Likeness Information Page

What is NIL?

Policy Statement: As of July 1, 2021, current and prospective Clemson University student-athletes may earn compensation for the use of their name, image, or likeness (“NIL”) in a manner that is consistent with the following provisions of this policy.

CLEMSON NIL POLICY

I. Policy Purpose

The Clemson University Athletic Department (CUAD) supports student-athletes receiving compensation for the use of their name, image and likeness (NIL). We believe that NIL activities can contribute greatly to a student athlete’s personal, professional, and social development. With that belief as our foundation, this policy is designed to allow student athletes to harness the full potential of their NIL opportunities in accordance with university expectations and applicable NCAA by laws.


II. Policy Statement

Clemson University Student-athletes may earn compensation for their name, image, and likeness (“NIL”).  Such compensation must align with a genuine payment and not be an improper recruiting inducement or pay-for-play.  NIL activity must be in compliance with applicable laws, NCAA rules, and CUAD policy, including the NIL rules found below.


III. NIL Rules

a. Types of NIL Activities

  • Permissible 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; this can include the student-athlete’s own business (e.g., a student-athlete that performs web-site design through their own business) or brand.

b. Compensation

  • Compensation must represent a genuine payment for NIL activity and may not be provided as a recruiting inducement or in exchange for athletic performance, initial enrollment, or continued attendance at Clemson University; Accepting such compensation could jeopardize a student-athlete’s NCAA eligibility.
  • Compensation can come in the form of money, goods or services.

c. Limitations on NIL Activities

  • A student-athlete is not permitted to engage in NIL activity in any of the following categories or brands:
    • Tobacco, including alternative nicotine products;
    • Alcohol;
    • Controlled substance, including but not limited to, marijuana;
    • NCAA banned substances;
    • Gambling activity, including, but not limited to, sports betting; and
    • Adult entertainment.
  • Clemson reserves the right to prohibit student-athlete NIL activity which would bring disgrace or embarrassment to the University; tends to shock, insult, or offend the greater Clemson, South Carolina and/or University alumni communities; manifests contempt or disregard for diversity, public morals or decency; or which brings serious discredit to the Athletic Department, the Student Athlete’s Team, or the University, or would be likely to cause prospective student-athletes to elect not to attend the University;
  • NIL activities shall not conflict with academic or team related activities; engaging in NIL activities, including posting to social media, during practice or competition is prohibited.
  • NIL activities shall not conflict with existing Clemson University sponsorship obligations and similar contractual relationships during any required athletic activities. For information on existing University relationships please contact Tim Match (mtimoth@clemson.edu).
  • NIL activities may not conflict with existing NCAA rules (e.g., no pay-for-play)

d. Use of University Intellectual Property and Facilities

  • A student-athlete may utilize Clemson University registered trademarks, products protected by copyright, or official logos, marks, or colors with the prior written approval of CUAD.
  • Commercial sale of products that contain any Clemson marks such as the word Clemson, the Tiger, the paw, Solid Orange, Clemson University, etc., must proceed through the royalty bearing process with CLC.
  • Per NCAA Rules a student-athlete with remaining eligibility may not autograph, sell, or exchange for anything of value, items that are issued, owned, or distributed by CUAD.
  • A student athlete may request the use of university facilities for NIL activities. Requests can be made by contacting Jon Allen (jba3@clemson.edu).

e. Process for Disclosure

  • A student-athlete must disclose to CUAD via INFLCR (i) a summary of any proposed NIL activities in advance of execution of an NIL agreement, and (ii) a copy of the executed NIL agreement.
    • Individual NIL information disclosed via INFLCR will not be provided to coaches and staff.
    • Agreements for proposed NIL activities should not be entered into prior to CUAD’s completion of its review for compliance with this policy and NCAA rules. CUAD’s review should be done in a timely manner.

f. International Student Athletes

  • International student athletes should not enter into NIL agreements without additional guidance from the Office of International Services and an immigration attorney for advice regarding immigration issues. Failure to do so may jeopardize an international student-athlete’s visa status.

g. Representation

  • A student-athlete may obtain professional representation (e.g., agent, lawyer, marketing representative) to assist with securing opportunities for NIL compensation.
  • Student-athletes may secure professional representation only for NIL purposes and not for future professional athletic contract negotiations.
  • An athlete agent representing a student-athlete for purposes of securing compensation for their NIL must be registered with the state of South Carolina, Clemson University Athletic Compliance Services and provide their state registration information.

h. University Personnel

  • Employees, coaches and staff of Clemson University must obtain Athletic Compliance approval prior to participating in any NIL support services (i.e., appearances, education, etc.)
  • Employees, coaches and staff of Clemson University must obtain Athletic Compliance clearance prior to any communication or engagement with NIL sponsors, including any “Collective.”

i. Sanctions

  • If you do not perform the work agreed upon in your NIL Agreement in order to receive compensation, you could jeopardize your eligibility.
  • A student-athlete’s failure to abide by this policy may result in disciplinary action, up to and including suspension or dismissal from the program.
  • A CUAD employee’s failure to abide by this policy by result in disciplinary action, up to and including suspension or termination of employment.

j. Finality

  • The Director of Athletics’ decisions as to the interpretation and implementation of this policy are final.

k. Resources


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Version 2; Nov. 28, 2022

NIL FAQ

What is Clemson doing to support student athletes?

The Nieri Family Student-Athlete Enrichment Center has long been dedicated to the development of student-athletes off the field, and NIL is no different. Clemson has partnered with a number of internal and external educational resources to help prepare our student-athletes for success in this area. Visit ClemsonTigers.com/Reign for more information.

 


May IPTAY members enter into an NIL agreement with a student-athlete?

Yes, provided the compensation is for actual NIL activity by the student-athlete and not as a recruiting inducement or as a means of paying for athletics participation.


Is there a national solution?

Not at this time. While the NCAA has modified its bylaws to no longer rule student-athletes ineligible for earning compensation based of their NIL, there are a number of national legislative proposals that exist.


May the institution, or its employees, pass along opportunities to student-athletes?

No, pursuant to South Carolina state law, the University cannot facilitate NIL deals with student-athletes. Student-athletes may be contacted directly on their social media platforms. Individuals interested in contacting student-athletes for NIL deals must do so directly. Student-Athlete NIL Directory. 

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