San Diego State Athletics NIL Policy
This policy is subject to modification as changes to state law, federal law, and NCAA legislation are likely to continue in the coming months. (Updated 8-1-2024)1. NIL is the ability for student-athletes to independently monetize their personal name, image, and likeness (e.g., endorsement deals, brand partnerships, community engagement, etc.).
2. NIL is NOT pay-for-play. - Compensation for a student-athlete’s NIL activities may not be conditioned on athletic performance or attendance at SDSU.
3. Student-athletes may not participate in NIL activities when engaged in official team activities without prior consent (e.g., practice, competition, media obligations, team travel, promotional activities, travel, etc.).
4. Student-athletes are NOT permitted to enter a contract if a provision is in conflict with a provision of an SDSU Athletics contract.
Permissible Institutional Uses of a Student-Athlete’s NIL
San Diego State University, the NCAA, and the Mountain West Conference may use the NIL of a student-athlete to generally promote or to support activities considered incidental to the student-athlete’s participation in intercollegiate athletics (e.g., conference championships, NCAA championships or other NCAA events, activities or programs) provided the provisions in NCAA Bylaw 12.5.1.1 are satisfied.
Student-athletes will have the opportunity to review and agree to these rights annually.
Institutional / Third-Party Involvement
SDSU Staff, including but not limited to, coaches, staff, and university contractors, involvement in NIL activities:
The following activities are NOT permitted:
1. Directly compensating a current or prospective student-athlete for use of their NIL.
2. Purchasing goods or services from a student-athlete’s owned business in excess of reasonable personal needs/uses.
3. Permitting the use of institutional facilities and/or institutional marks outside of the established campus policies and procedures;
4. Financial Donations and/or Subscriptions to a Collective by an institutional staff member.
SDSU Booster involvement in NIL activities:
1. May only be involved in legitimate NIL business activities with current and prospective student-athletes when services and compensation are consistent with the services and compensation provided to other clients. Compensation may not be conditioned on athletic performance or attendance at SDSU.
2. Existing NCAA legislation related to Employment and Extra Benefits still apply.
Disclosure
1. All agreements for NIL activities should be disclosed to SDSU. Student-athletes are required to submit all NIL activities using the INFLCR App
2. Student-athletes CANNOT receive institutional support if they do not report all NIL deals with a value of $600 dollars or more within 30 days of a NIL agreement.
3. Not disclosing prior to a NIL agreement could put Student-athletes at risk of violating NCAA and/or SDSU policy.
SDSU Logos/Marks
San Diego State University’s rights to its marks and other intellectual property are controlled and protected by federal and state law.
1. Student athletes cannot use SDSU marks and logos, practice gear, team or player photographs and videos, or aspects of the uniform (including but not limited to designs and player numbers) for NIL activities without prior consent from NIL department and staff.
2. It Is Strongly advised that any student-athlete interested in using SDSU Intellectual Property should speak with the NIL department to avoid violating NCAA and SDSU policy.
SDSU Facilities
1. SDSU facilities are permitted to be used for NIL activities provided SDSU policies and procedures for renting such facilities are followed. Student-athletes should NOT use their status as a student-athlete to gain access to SDSU facilities for NIL activities.
2. Student-Athletes or third parties interested in renting SDSU facilities for NIL activities, should contact the NIL office or SDSU conference services for more information.
All student-athletes are expected to be aware of and comply with all terms and conditions
set forth herein.
Professional Service Providers
SDSU Professional Service Provider Policy
1. Student-athletes are permitted to obtain professional representation in relation to contracts or legal matters including, but not limited to, athlete agents or legal representation.
2. Using professional service providers to market a student-athlete’s athletic ability with the intent to secure an opportunity as a professional athlete may jeopardize NCAA eligibility.
- Representation must be in alignment with NCAA policy. It is recommended that your professional service contract explicitly outlines the limited scope of their services/representation.
Exceptions
SDSU, at any time, may authorize variances from, or exceptions to, this NIL Policy that are consistent with SDSU’s commitment to compliance with federal law, state law, and conference or NCAA rules.