559 Exchange: NIL at Fresno State

Name, Image & Likeness Resources & Links

ARMS Login (student-athlete / Fresno State employee access only)
Student-athletes are required to submit all NIL activities using the ARMS NIL workflow.

Opendorse

Opendorse Ready provides student-athletes the opportunity to understand their Name, Image and Likeness (NIL) rights and receive hands-on assistance from experts to maximize their value while on campus. The program offers three core pillars to student-athlete success: assessment, education, and performance – tailored to assist each individual athlete.
Login page if already registered: https://app.opendorse.com/auth?redirect=%2F
To sign up for your free Opendorse account:
- Sign up at https://opndr.se/i/fresno-state-athletics using your cell phone number
- Connect your social channels (Instagram, Twitter, Facebook)
- Download the free Opendorse app

Fresno State Athletics: Name, Image, Likeness Policy
(As of May 11, 2021)

1. EDUCATIONAL RESOURCES
Fresno State Athletics is committed to providing exceptional educational opportunities, through both traditional and nontraditional platforms, in addition to championship level athletic opportunities for all students participating in intercollegiate athletics. Fresno State Athletics’ educational programming and support is designed to help student-athletes reach their highest academic potential and earn a Fresno State degree. With the NCAA providing guidance to allow student-athletes to be compensated for their name, image, and likeness (“NIL”), Fresno State Athletics is committed to allowing student-athletes to decide whether to seek compensation from the use of their name, image, likeness or athletic reputation. Fresno State Athletics’ will provide broad educational opportunities for its student-athletes that include the areas of brand management, brand development, personal finance, and entrepreneurship to maximize their opportunity with respect to NIL; while also protecting their NCAA eligibility. These NIL educational efforts will be in addition to Fresno State Athletics’ existing efforts to provide personal and professional development through its Bulldog Built program, which provides holistic development opportunities for our student-athletes and support to prepare them for success beyond Fresno State.

Fresno State, at any time, may authorize variances from, or exceptions to, this NIL Policy that are consistent with Fresno State’s commitment to compliance with federal law, state law, and conference or NCAA rules. This policy is subject to future modifications.

2. NCAA GUIDANCE
The NCAA has adopted guidance governing student-athletes’ NIL activities (the “NCAA Rules”). The NCAA rules provide that a student-athlete is prohibited from (1) receiving pay-for-play and (2) receiving an improper recruiting inducement. Fresno State Athletics and our student-athletes must follow the NCAA Rules and this Fresno State Athletics policy; student-athletes, Fresno State Athletics staff, or other third parties should consult with the Fresno State Athletics compliance staff regarding the NCAA Rules and this policy prior to engaging in NIL activities that involve Fresno State student-athletes. NCAA legislation relating to employment, offers of inducement and extra benefits still apply.

3. NIL ACTIVITIES
Subject to the NCAA rules and this Fresno State Athletics policy, Fresno State student-athletes may use their NIL in a variety of ways that may include, but is not limited to, promoting their own business, promoting or endorsing a corporate entity (e.g., a brand ambassador or social media influencer); conducting camps, lessons or clinics; making appearances; or signing autographs. Fresno State student-athletes may receive compensation, either in-kind or monetarily, for engaging in NIL activities, subject to the NCAA rules and this Fresno State Athletics policy. Fresno State student-athletes may engage in NIL activities and receive corresponding compensation from University donors or sponsors so long as the compensation is for the NIL activity, is fair market value and is not a recruiting inducement or an inducement to remain enrolled at Fresno State. Fresno State, its athletic department, staff members, and boosters may not compensate or arrange for compensation to a current or prospective student-athlete for his or her name, image, likeness, or athletic reputation. Additionally, the University (including institutional employees and independent contractors) may not be involved in the development, operation, or promotion of NIL activities on behalf of student-athletes.

4. DISCLOSURE OF NIL ACTIVITIES
In the course of their education and participation at Fresno State, student-athletes must disclose any NIL activities to Fresno State Athletics Compliance through the NIL Disclosure Form in ARMS prior to engaging in the activity. Fresno State student-athletes are required to submit their contracts or agreements in the disclosure process. This process is in place to protect the eligibility of Fresno State student-athletes and to allow Fresno State to comply with law and is not an approval process. Although Fresno State requires disclosure, the University, its athletic department, and its staff may not provide legal, financial, or business advice regarding NIL activities. Student-athletes who fail to disclose any agreement they enter into may face potential loss of their status as an athlete, as will student-athletes who enter into agreements that include NIL activities that conflict with NCAA rules.

5. USE OF AGENTS
Fresno State student-athletes are permitted to obtain professional advice to assist them with NIL activities. The use of an agent, as defined by NCAA bylaws, may only be used for NIL activities. Any agent must be registered to do business in the state of California, must comply with the federal Sport Agent Responsibility and Trust Act and register with Fresno State Athletics compliance staff. Fresno State Athletics recommends its student-athletes thoroughly vet any such agents or advisors prior to working with them, as Fresno State Athletics will not be responsible for any agreement or contractual obligation, whether with an agent or other third party.

Fresno State, its athletics department, its staff, volunteers and contractors may not serve as professional service providers for student-athletes or participate in the evaluation, recommendation or selection of professional service providers for student athletes.

6. USE OF PERSONAL MULTIMEDIA/MARKETING PROFESSIONAL SERVICES
Any personal multimedia and/or marketing professional services that Fresno State student-athletes utilize will be treated as credential media members for athletic events. Any Fresno State student-athlete seeking to gain access for the individuals performing these services must submit credential requests to the Director of Strategic Communications at least 48 hours prior to events.

Personal multimedia and/or marketing teams will not be given access to team practices, inside team locker rooms during team activities, or team travel trips.

All on campus filming of NIL related activities must be preapproved by the Senior Associate Athletics Director for External Relations. For requests, please contact fpucher@csufresno.edu.

7. USE OF UNIVERSITY INTELLECTUAL PROPERTY
Student-athletes are permitted to use Fresno State intellectual property in NIL related activities, including but not limited to trademarks, which includes logos or symbols, as well as the school name and other protected verbiage, to either implicitly or expressly endorse a third party or product, if and only if student-athletes and/or the third party licensee and/or corporate sponsor involved in the NIL activity obtain the rights to do so legally via official contractual partnership with the University’s exclusive licensing rights holder, CLC, and/or Fresno State Athletics’ exclusive multimedia rights holder, Learfield. All rights fees associated with using Fresno State’s intellectual property must be procured at fair market value, set by the University’s Office of Trademark Licensing in conjunction with CLC and/or Learfield, respectively.

Fresno State reserves the right to pursue legal recourse against any individual or entity that utilizes Fresno State’s intellectual property without express written permission to do so.
More information is outlined below:

Production and sale of merchandise bearing Fresno State’s Intellectual Property – All student-athletes or licensees wishing to include Fresno State’s intellectual property on any co-branded merchandise must adhere to the University’s Trademark Licensing policies and procedures that have been established by the Office of Trademark Licensing and administered by the Office of Trademark Licensing in conjunction with CLC. Any merchandise bearing Fresno State’s intellectual property must be produced by licensed vendors, granted rights through CLC by the Office of Trademark Licensing. Additionally, all artwork that includes University intellectual property must be preapproved by Fresno State’s Director of Trademark Licensing.

Student-athletes may enter into NIL agreements with an existing Fresno State licensee to produce co-branded licensed merchandise, provided that the student-athletes inform Fresno State about the NIL agreement through the NIL Disclosure Form in ARMS as detailed in section 4 of Fresno State’s NIL Policy.

Fresno State, through the Office of Trademark Licensing, will review and consider any new potential licensees that are interested in entering into agreements with student- athletes and the university to create co-branded licensed merchandise. Fresno State will not grant any new licenses that would involve unapproved uses.

For requests or questions on NIL merchandising opportunities, please contact Fresno State’s Senior Associate Athletics Director for External Relations at (559) 278-8006 or at fpucher@csufresno.edu. For more information, click here to visit Fresno State’s Office of Trademark Licensing webpage.

Promotion of a third party or product using Fresno State’s Intellectual Property – All student-athletes and/or third parties wishing to utilize Fresno State’s intellectual property to promote any third party and/or product (including any third parties, products, or assets of which student-athletes are partial or full owners) must obtain the rights to do so via contractual partnership with the department’s multimedia rights holder, Learfield.

For questions on corporate sponsorship opportunities, please contact Fresno State’s Senior Associate Athletics Director for External Relations at (559) 278-8006 or at fpucher@csufresno.edu. For more information, click here to visit the Bulldog Sports Properties website.

Additionally, per NCAA rules, student-athletes may not sell products provided by Fresno State Athletics or awards received for intercollegiate athletic participation while they are a student-athlete.

8. TEAM ACTIVITIES AND ACADEMIC OBLIGATIONS
Student-athletes cannot engage in NIL activities during the course of team activities, which include but are not limited to competitions, practices, media obligations, promotional activities and team gatherings and meetings. Student-athletes also must not allow NIL activities to interfere with their academic obligations. Student-athletes are prohibited from missing class time to perform NIL activities.

9. FACILITY USAGE
Student-athletes may, subject to availability and subject to the terms of a facility use agreement, use Fresno State Athletics’ facilities to conduct camps, clinics, or lessons if the student-athlete pays the standard facility rental rate. Consistent with Section 5 above, student-athletes may not use Fresno State facilities in such a manner that creates the impression – either express or implied - that Fresno State expressly or indirectly endorses a third party or product, unless prior written approval is obtained from Fresno State’s Office of Trademark Licensing.

10. RESTRICTED CATEGORIES
Student-athletes must not use their NIL to promote gambling, alcohol products, tobacco products, adult entertainment, substances banned by the NCAA, or products or services that are illegal. Information about NCAA banned substances can be found here. Student-athletes are not permitted to enter into a contract if a provision is in conflict with a provision of the Fresno State Athletics/team’s contract (e.g. adidas, Pepsi, health care).

11. FINANCIAL AID AND TAX IMPLICATIONS
Student-athletes should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grants. Student-athletes are encouraged to consult with the Fresno State Athletics compliance staff to fully understand these potential impacts.

Additionally, student-athletes should be aware that receiving compensation for NIL activities could have tax implications. Student-athletes are encouraged to discuss these issues with their tax advisor.