Frequently Asked Questions

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An NIL collective is a legal entity external to the institution that is formed by fans and supporters of college sports for the sole purpose of generating NIL opportunities for student-athletes. 

• Student-athletes (including recruits) CAN engage in NIL Activities that are consistent with the laws of the state where the school is located;
• Student-athletes CAN use a professional services provider for NIL Activities;
• NIL CAN NOT be used as a recruiting inducement (i.e., compensation for NIL Activities cannot be contingent on enrollment at a particular institution);
• NIL CAN NOT be paid on a performance-related basis (i.e., pay-for-play); and
• All NIL activities MUST be quid pro quo: there must be an exchange of goods or services for compensation related to one’s NIL.

NIL collectives can take a variety of legal forms (e.g., 501(c)(3), LLC, etc.). Because the collectives are separate and independent from Howard University, the legal structure and operation of the collective is at the sole discretion of the collective itself.  

Yes. Although the world of NIL collectives is still rapidly changing, there are several common structures: (1) collectives in which donors donate into a pool of funds and the collective signs student-athletes to NIL agreements to perform services; (2) collectives that have a single deal through an identified brand or business; (3) sponsorship collectives in which subscribers pay a per-month fee for access to certain exclusive content or benefits performed by the student-athletes; and (4) a hybrid model that could combine elements from all of these and others. 

NIL collectives are subject to all laws, rules, and regulations applicable to its particular entity type (e.g., corporate rules, tax rules, etc.). NIL collectives also must comply with, and must inform Howard scholar athletes that they must comply with, NCAA policies, Howard University policies, and any applicable laws, rules, or regulations. All Howard scholar athletes must comply with all NCAA policies, WSU policies, and any applicable laws, rules, or regulations. 

No, with the exception of certain designated Howard University Athletics compliance staff members that can help coordinate the disclosure of a scholar athlete's NIL Activities performed through the collective for compliance purposes.  

“Name, Image, and Likeness” (NIL) generally refers to the NCAA bylaw that permits intercollegiate student-athletes enrolled at a university or college to earn compensation at market value for the use of the name, image or likeness. More specifically, NIL means anything that reasonably identifies or defines a scholar athlete with particularity (e.g., first and/or last name; nickname; signature; social media account; or symbol, name, or design; etc.).  

Generally speaking, NIL Activities means any activity in which scholar athletes are compensated in any way for the use of their name, image, likeness, or personal appearance. Common examples include camps/clinics, personal appearances, selling autographs, merchandise sales, and sponsored social media posts.  

Compensation for NIL Activities CAN be anything of value, monetary or otherwise, including but not limited to cash, gifts, in-kind items of value, social media compensation, payments for licensing or use of publicity rights or other intellectual or intangible property, and any other form of payment or remuneration.  Compensation for NIL Activities CANNOT be tuition, room and/or board, books, fees, personal expenses, and/or any other financial aid, benefits, or awards that the institution provides to a scholar athlete. It also CANNOT be federal Pell grants and other state and federal grants or scholarships unrelated to, and not awarded because of a student-athlete's participation in intercollegiate athletics or sports competition. 

Yes. Donors may enter into agreements with and/or provide compensation to Howard scholar athletes for use of the scholar athlete’s name, image, or likeness so long as the donors use of that name, image, or likeness is in exchange for money, goods, or services and complies with the NCAA Interim Policy and any other applicable laws, rules, or regulations.

No. You cannot just give money to a Howard scholar athlete because NCAA extra benefit and recruiting inducement rules still apply and violation of these rules could endanger a scholar athlete's eligibility. Compensation must be in exchange for an action on the scholar athlete’s part (e.g., promotion, appearance, autograph, etc.).  

No. Neither Howard nor its staff members can assist you in connecting with a Howard scholar athlete to discuss NIL opportunities. However, you may find information about Howard scholar athletes on the Howard Athletics website (HUBison.com)

Maybe. scholar athletes are only allowed to use Howard University marks or logos to earn compensation for retail NIL Activities and only if scholar athletes have secured the rights to use those Howard University marks or logos through existing channels and in connection with a valid agreement granting those specified rights. Howard scholar athletes cannot use Howard University marks and logos in connection with any non-retail NIL Activity (e.g., appearances, social media, advertisements, camps/clinics, etc.).  

No. A Howard scholar athlete cannot receive compensation for NIL based on their athletic performance at Howard.  

No. Neither an NIL contract nor payment of NIL compensation stipulate and/or be contingent upon a scholar athlete competing for, or attending, Howard.

Yes. Scholar athletes are prohibited from entering into a contract with, or otherwise receiving compensation from, any third party related to or associated with the development, production, promotion, distribution, wholesaling, or retailing of the following: tobacco products, including but not limited to any tobacco product, alternative nicotine product, electronic nicotine delivery system; alcohol products, beverage, or brand; adult entertainment products and/or services; gambling/sports wagering in any format (i.e., in person, online, etc.); prescription pharmaceuticals; NCAA banned substances; weapons (including but not limited to firearms and ammunition); and providers of higher education (other colleges and universities). 

No. There is no specific limitations on how much compensation a scholar athlete can receive for NIL Activities. However, each NIL deal should be for market value. All NIL Activities must be quid pro quo: there must be an exchange of goods for services for compensation related to one’s NIL. 

No. Howard scholar athletes cannot use Howard University marks and logos and/or wear Howard University branded attire during NIL Activities.  

 No. Howard scholar athletes cannot wear Howard University issued apparel during NIL Activities. NCAA bylaws prohibit scholar athletes from selling or exchanging for another item of value institutionally issued apparel, equipment, awards, etc. (even if the item will not be re-used) until the scholar athlete has exhausted his/her eligibility.  

Yes, and thank you in advance. Businesses may enter into agreements with and/or provide compensation to Howard scholar athletes for use of the scholar athlete’s name, image, or likeness so long as the donors use of that name, image, or likeness is in exchange for money, goods, or services and complies with the NCAA Interim Policy and any other applicable laws, rules, or regulations.  

No. NCAA rules regarding pay-for-play, extra benefits, and recruiting inducements are still in effect.