NAME, IMAGE, AND LIKENESS COMMUNITY ACTIVITIES POLICY
Section 1. Purpose. The purpose of this Name, Image, and Likeness Community Activities Policy (“Policy”) is to establish the authority, expectations, and restrictions of Be The Difference NIL, LLC (“Company”) with regard to its Name, Image, and Likeness activities. This Policy is intended to supplement but not replace any applicable federal or state laws or rules established by the National Collegiate Athletic Association, Big East Conference, Marquette University or other relevant authority.
Section 2. Authority. The Collective is authorized to support tax-exempt charities and community organizations through utilizing the names, images, likenesses, time, and talents (“NIL”) of post enrollment Marquette University students who participate in intercollegiate basketball (“Students”). Subject to the restrictions imposed herein, in any activity of the Company concerning the use of NIL, the Company will both look for opportunities where the full team or teams can participate together, as well as pursuing individual arrangements with students whose passion, profiles and influence will most significantly, positively, and effectively promote organizations supported by the Company. All Marquette University students who participate in intercollegiate basketball will be given the opportunity to participate in Name, Image and Likeness Community Activities.
Section 3. Role of President/Executive Director. Subject to the restrictions imposed herein, the President/Executive Director of the Company, or such other officer of the Company designated by the Board of Directors (“Board”), shall have the authority to enter into any agreement on behalf of the Company for the use of and compensation for the NIL of a Student or group of Students (each a “NIL Agreement” or “NIL Agreements” in the plural). The President/Executive Director may and should receive pertinent and permissible input from an unrestricted variety of sources, including but not limited to the Board of Directors, with regard to the needs of charities supported by the Corporation, impact of potential Students, the quality of their proposals, and the like. Still, subject to the limitations imposed herein, it is the President/Executive Director’s sole and final responsibility to set the terms of NIL agreements entered into by the Corporation, including but not limited to the organizations and students to be involved, consistent with this Policy and the purpose of the Company. No one other than the President/Executive Directors may commit Company funds to any Student, other than under the circumstances described in the immediately following sentence. At such times that no President/Executie Directors has been elected, the President/Executive Director is unable or unwilling to act, or the position of President/Executive Director is otherwise vacant, the Chair, or such other officer of the Corporation designated by the Board, shall perform the duties of the President/Executive Director with regards to NIL Agreements subject to the same limitations imposed on the Executive Director herein.
Section 4. Restrictions. To the extent an activity involves any NIL of a Student or group of Students or involves an NIL Agreement, including, but not limited to the contemplation, negotiation, execution, oversight, or performance of an NIL Agreement, no director, officer, agent, or employee of the Corporation, including the President/Executive Director, shall have any power or authority to:
a) Compensate any Student for NIL except to the extent that such NIL is used to further the purpose of an approved community organization and development of the Student.
b) Compensate any Student for athletic participation or achievement;
c) Compensate any Student as an inducement to enroll or remain at Marquette University or any particular school;
d) Compensate any Student for work not performed;
e) Compensate any Student for any activities engaged in during the course of any team activities, including competitions, practices, team gatherings and meetings, and community service, as well as class and other academic obligations;
f) Compensate any Student who has not successfully completed all mandatory NIL training and education programs required by Marquette Athletics;
g) Compensate any Student who, in the judgment and discretion of the Board of Directors and based upon publicly available information, has participated in behavior which might reasonably be considered immoral, deceptive, scandalous, or obscene; or to injure, tarnish, damage, or otherwise negatively affect the reputation or goodwill associated with the Company and/or any of its supported organizations;
h) Compensate any Student to promote gambling, alcohol products, adult entertainment, substances banned by the National Collegiate Athletic Association, or products or services that are illegal under Wisconsin state law or federal law;
i) Use or permit any Student to use Marquette University intellectual property in conjunction with the Company’s activities inconsistent with the policies and practices Marquette University;
j) Enter into any agreement concerning the NIL of a Student unless such agreement requires that the Student disclose its NIL activities to the Marquette University Department of Intercollegiate Athletics (“MU Athletics”), or other office designated by Marquette University to receive such disclosures, in the form and manner designated by the relevant Marquette University office; or
k) Solicit or accept any contributions from Marquette University or its affiliated entities.
This Name, Image, and Likeness Charitable Activities Policy was adopted by the Board of Directors effective as of the 2 day of May, 2022.