FAQ

FREQUENTLY ASKED QUESTIONS

WHAT IS NIL?

NIL stands for “Name, Image, and Likeness” specifically referring to the use of an athlete’s NIL through marketing and promotional endeavors. Student-athletes at NCAA institutions could begin monetizing their NIL beginning on July 1, 2021.

WHAT ARE THE NCAA RULES REGARDING NIL?

Generally speaking, all NIL activities are permitted, as they follow these four guidelines:

  • There must be quid pro quo attached to an NIL deal essentially requiring a student-athlete to do an activity in order to receive compensation.
  • That activity cannot be tied to athletic performance such as statistical achievements, wins, or awards.
  • That activity cannot be contingent upon the student-athlete committing to the university that the collective supports or tied to enrollment.
  • Institutions do not provide compensation in exchange for the use of a student-athlete’s NIL.

NCAA rules also require student-athletes to follow their state law or institutional policy if there is no existing state law governing NIL activities.

WHAT IS AN NIL ACTIVITY?

An NIL activity involves the use of a student-athlete’s name, image, or likeness for promotional purposes by a third-party not associated with the NCAA or an NCAA institution such as:

  • Social media influencing and other promotions
  • Personal appearances at businesses, conferences, camps, parties
    TV ads, radio ads, print ads
  • Endorsements of a third-party
  • Student-athlete-run camps and private lessons
  • Autographs
  • Sale of student-athlete owned apparel and personal items
  • Student-athlete run businesses
WHO DOES BLUE & GOLD UNLIMITED WORK WITH?

Blue & Gold Unlimited works with student-athletes from San Jose State University.

HOW WILL PAYMENTS BE MADE TO THE PLAYERS?

Blue & Gold Unlimited utilizes Opendorse, the leading operating software provider for collectives. This software allows student-athletes to provide compliance reporting to San Jose State and the NCAA (if requested) as well as serves as the way to distribute funds to student-athletes after they have completed their NIL obligation.

Does California have an NIL state law?
Does San Jose State have an NIL policy?

Yes – San Jose State has a Name, Image and Likeness policy

IS BLUE & GOLD UNLIMITED AN ENTITY OF SAN JOSE STATE UNIVERSITY?

No – Blue & Gold Unlimited is a third-party entity that is unaffiliated with San Jose State University.

HOW WILL BLUE & GOLD UNLIMITED BE GOVERNED AND ADMINISTERED?
  • Blue & Gold Unlimited has an Advisory Board whose purpose will be to organize the entity, raise funds, and review and ratify annual audits.
  • The Advisory Board has engaged FirstTeam Sports Consulting to administer the Opendorse account, manage the accounting for the fund, support the annual audit, as well as manage public relations.
  • The Advisory Board will not be paid by the Blue & Gold Unlimited for ANY purpose in furtherance of the NIL activities.
ARE CONTRACTS WITH STUDENT-ATHLETES EXCLUSIVE?

No – our agreements are intentionally non-exclusive to enable student-athletes to continue to build their brand with opportunities outside of Blue & Gold Unlimited.

WHAT PERCENTAGE OF CONTRIBUTIONS GO TO THE ATHLETES?

We strive to keep our operating costs as low as possible so that 80% of the contributions can be paid out to student-athletes. The remaining funds will be used to cover fundraising expenses, deal facilitation, and various administrative expenses.

Does Blue & Gold Unlimited work with recruits or prospective student-athletes?

No – In compliance with NIL regulations, Blue & Gold Unlimited will not meet with, contact, offer a deal, etc. to any prospective student-athlete. Until a student-athlete has signed their NLI and/or the institution has received a deposit of financial aid, they will not be contacted by Blue & Gold Unlimited.

For further questions, please contact us.