UNM Policies & Procedures for NIL Activities in Which Student-Athletes are Compensated

What is NIL?
NIL stands for ‘Name-Image-and Likeness’ and is a part of an individual’s ‘right of publicity.’ A right of publicity is a legal right that gives an individual the exclusive right to license their identity for commercial purposes. This includes the right to control the use of their name, image, voice, signature, and other distinguishing aspects of their identity. This means that an individual can earn compensation or other benefits for use of their publicity rights as well as prevent other parties from using their right of publicity without their express permission.

The areas outlined below are policies and procedures UNM and/or the NCAA have established for any NIL activities that involve you being compensated by a third party.

NIL cannot be used to recruit
NCAA Bylaw 22.01.2 Offers and Inducements. Name, image and likeness activities may not be used as an inducement for an individual to enroll or remain enrolled at a specific institution. (Adopted: 1/10/24 effective 8/1/24)

UNM Disclosure Process

• The NCAA has a new NIL ‘Opt-In’ process. Student-Athletes can either opt-in or opt-out. Student-Athletes who opt in can receive UNM Assistance with NIL, but also must disclose any NIL deal that values $600 or more. If a Student-Athlete opts-out, they do not need to disclose any NIL Information to UNM, however they cannot receive any UNM Assistance with NIL.
• For more information on the Opt-in or opt-out process, or on how to disclose any NIL deals, please reach out to UNM Compliance.

UNM/NCAA Not Approved Products/Companies

The areas below will not be approved for NIL activities based on NCAA Legislation:

• Drugs or Drug Paraphernalia
• Tobacco products and/or usage
• Sports Gambling
• Alcohol

The areas below are not recommended for NIL activities:

• Sexual Conduct, imagery or inferences
• Profanity or inappropriate insensitive language
• Political and religious endorsement
• Endorsements that are in conflict with exclusive UNM Deals (Pepsi, Nike, etc.)

NIL Activity Time Restrictions

NIL activities can be done at any time unless it is part of a Covered Activity.  Covered Activity shall mean the official games, practices, trainings, exhibitions, required team activities, academics (including but not limited to classes, study hall and tutoring), sports medicine, mental health, and public appearances, in which you are required to attend.

Use of Facilities

If you would like to use UNM Facilities for NIL activities, you will need prior approval from Athletics Facilities with signed rental agreement

Use of UNM Trademarks/Lobos or Team Issued Apparel

Student-athletes shall not use University of New Mexico facilities, athletic apparel, registered trademarks, products protected by copyright, or official logos or marks without the express written permission of the University of New Mexico. To go through the approval process, please reach out to UNM Compliance.

UNM has partnered with Athlete’s Thread. This partnership will allow Student-Athletes to sign up and create an online shop with UNM Branded merchandise that can be unique to each Student-Athlete. Student-Athletes can sign up using this link: https://athletesthread.com/pages/join-our-team-athletes

International Student-Athletes

• International students unfortunately have hurdles to go through before being able to engage in NIL opportunities. There are three general ways for international students to engage in NIL activities, but each involves a case-by-case analysis. If you are an international student looking to engage in NIL activities, please reach out to UNM Compliance.

UNM use of your NIL

As a Student-Athlete at UNM, there will be times that UNM Athletics uses your Name, Image or Likeness to promote UNM and we cannot (per NCAA Rules) compensate you for that.  However, it is your choice whether we use your NIL or not, you will have the option to opt-in by signing a form that is included in your compliance paperwork.  If you choose not to sign, UNM will not use your NIL to promote UNM Athletics.

Businesses interested in initiating sponsorship opportunities with Lobo student-athletes can view the “Sponsorship and Onboarding Process” by clicking the link to download, or by viewing the pdf below.  The link will bring you to NOCAP, which is the NIL Provider that Lobo Athletics is utilizing to facilitate NIL branding opportunities between sponsors and student-athletes.

Potential NIL Agents for Student-Athletes
According to the Uniform Athlete Agents Act, athlete agents seeking to represent college student athletes, must be registered and certified by the state (link below). If you are wishing to represent a UNM Student-Athlete as their NIL agent, you must be registered with the State of New Mexico. The application to become registered, or renew registration is linked below.

• Uniform Athlete Agents Act: https://www.sos.nm.gov/commercial-services/uniform-athletes-agents/uniform-athlete-agents-act/

New Mexico New/Renewal Athlete Agent Application: https://www.sos.nm.gov/commercial-services/uniform-athletes-agents/new-renewal-athlete-agent-application/

UNM Compliance Staff
Amy Beggin
Senior Associate AD for Compliance/Deputy Title IX Coordinator/SWA
(505) 925-5835
abeggin@unm.edu

John Babington
Assistant AD for Compliance
(505) 925-5840
Jbabington13@unm.edu

Sam Hendricks
Assistant AD for Compliance
shendricks1@unm.edu