Who We Are

NIL Definitions. The terms defined in the preamble and recital have their assigned meanings, and each of the following terms has the meaning assigned to it:

“Agreement” means Marketing Representation Agreement with and agency or business.

“Endorsement Contract” means any endorsement deal, in-person promotional appearance, paid social media advertisement, licensing contract, or marketing agreement.

“Gross Total Value” means the total pretax compensation paid to the athlete for any Endorsement Contract, including the value of any merchandise or free product.

“Lead Origination” means the first point of contact for any Endorsement Contract, including, but not limited to, in-person communication, telephone, mail, electronic mail, “direct messages” on social media, or any influencer marketing directory platform, such as Opendorse, MOGL, INFLCR, Icon Source and other platforms and apps for finding NIL partnerships.

“Statement of Work” means the outline of services included at Appendix A.

“Term” means an agreement will commence on the date of its execution and will continue in full force and effect until a determined date.

Exclusivity of Services. A NIL agency could determine to serve as the Athlete’s exclusive marketing agent under an NIL Representation Agreement. Unless approved by the NIL agency, the Athlete may not retain another agency to market their name, image, and likeness or public persona, or represent them for purposes of procuring or negotiating any other Endorsement Contracts during the Term. 

Referrals for Supplementary Services. An NIL agency may provide referrals for supplementary services, including legal and financial planning, as necessary and requested by Athlete. The Athlete solely will be responsible for any fees incurred in any contract for supplementary services.

Agency Fees. Athlete shall pay Pliable a fee equal to a percentage of the Gross Total Value of any Endorsement Contract earned by Athlete during the Term, including any in-person promotional appearances, and regardless of Lead Origination. The industry standard for NIL Marketing agents is 15-20%. Many will handle collectives or other NIL earnings based on a case by case basis, including collectives and the pending NIL settlement.

Fee Dispersal. The Athlete shall pay all applicable NIL agency fees to within 30 days of the Athlete’s receipt of compensation for any Endorsement Contract.

Method of Fee Dispersal. The Athlete shall pay all applicable fees to an NIL Agency typically by check, Venmo, or PayPal. 

Right to Terminate and Notice of Termination. Either Party may terminate the Agreement at any time. The terminating Party must provide the other Party to this Agreement with a written notice of termination. Termination notices will be deemed effective if sent by U.S. mail to the other Party’s address.

Effective Date of Termination. If either Party sends a notice regarding the Agreement’s termination the Agreement will terminate 30 days after the non-terminating Party receives the notice of termination.

Freedom to Contract. Athlete is free to enter into an Agreement and can fully perform all obligations contemplated by the terms and conditions of this Agreement. Athlete has not entered into an exclusive or non-exclusive marketing agreement with another NIL marketing agency.

Capacity to Contract. Athlete has reached the age of majority in the state they are domiciled in. If the Athlete has not reached the age of majority, a parent or guardian is entering into this Agreement on their behalf.

Disclosure of Marketing Opportunities. Athlete shall disclose to the NIL agency any offers, negotiations, or communications relating to any Endorsement Contracts that Athlete has been presented with or engaged in. 

Licensing and Certification. The NIL agency and its agents are licensed properly and registered to carry out the obligations set forth in theAgreement. 

Name, Image, and Likeness. Athlete grants the NIL agency the right, license, and authority (but not the obligation) to use Athlete’s approved name, image, likeness, voice, signature, face, photographs, and other likeness, and biography in connection with this Agreement. In addition, Athlete grants the NIL agency the right to publicize, advertise, and promote Athlete and representation of Athlete.

Arbitration. Should a dispute occur during the Term of the Agreement, after the expiration of the Term, or after the Agreement is terminated, both Parties agree to binding arbitration, which will take place in a designated state, in accordance with rules upon which the parties agree at the time the dispute arises, provided, however, that if the Parties cannot agree upon rules for the arbitration within 30 days after either Party demands arbitration, then the arbitration will take place before the American Arbitration Association, under the rules of the Association then in effect. The costs of the arbitration will be borne equally by the Parties. The arbitrators will have authority to award fees and costs to the prevailing Party.

Release of Liability. Athlete understands and specifically agrees that the NIL agency will not be liable for any lost income related to the implementation of this Agreement, including, but not limited to, negative publicity, below-market compensation, or suspension or termination of any of Athlete’s social media accounts, and Athlete releases the NIL agency from any legal claims that may arise under the Agreement