An Institutional Guide to Implementing productive NIL program

Nov 29, 2024

By Mark Koesterer, Founder, The Players NIL

Building a robust Name, Image, and Likeness (NIL) education platform for college athletes is critical in the evolving landscape of collegiate sports. With proposed changes, such as potential revenue-sharing models, salary caps, and the reclassification of athletes as employees, athletic administrators must not only accommodate elite Division I athletes but also support those at mid-major, Division II, and Division III institutions. These athletes, including those in non-revenue sports, have marketing potential that can be maximized with the right tools and guidance. In this essay, we outline a step-by-step plan for administrators to develop a comprehensive NIL education platform, emphasizing inclusivity for all athletes.

Step 1: Conduct a Needs Assessment Across Athletic Divisions

The first step is for athletic departments to understand the diverse needs of athletes across divisions. Unlike top-tier programs, athletes at mid-major, Division II, and Division III schools may lack the resources and brand recognition that facilitate NIL opportunities. Administrators should conduct surveys, focus groups, and one-on-one interviews with athletes across divisions and sports to assess current NIL understanding, financial literacy, social media presence, and interest in local endorsements.

Implementation Tip: Develop a standardized assessment tool for athletic departments to gauge athletes’ NIL readiness, specific knowledge gaps, and regional market opportunities. This data should guide customized programming.

Step 2: Develop a Modular NIL Education Curriculum

Athletes’ needs will vary widely, so a modular curriculum that covers the essentials of NIL is critical. Core modules should include:

  1. NIL Basics and Legalities: Provide a foundational understanding of NIL rights, contract structures, and intellectual property.
  2. Brand Building and Social Media Strategy: Given that 80% of NIL deals hinge on social media, educating athletes on personal brand development, content strategy, and engagement metrics will be crucial.
  3. Financial Literacy and Tax Education: Revenue from NIL deals often comes with tax obligations that many college athletes are unfamiliar with. Modules should cover budgeting, savings, and tax implications.
  4. Ethics and Professionalism in Deals: Athletes should understand the ethical considerations and long-term impact of choosing partnerships, especially in deals tied to local businesses.

Each module should be adaptable so that athletes with varying NIL ambitions and resources can access relevant information at different stages of their collegiate careers.

Implementation Tip: Offer these modules as online courses that athletes can complete at their own pace, but include regular, in-person workshops for a more interactive experience. Consider collaborating with local financial advisors, marketing professionals, and legal experts to lead workshops.

Step 3: Implement a Mentorship Program with Alumni and Local Business Leaders

For athletes without access to national endorsement deals, partnerships with local businesses can be a powerful alternative. Administrators can facilitate these connections through a mentorship program, matching athletes with alumni and community leaders who have experience in branding, entrepreneurship, and local business. This can be especially beneficial for Division II and Division III athletes who may not otherwise have access to significant marketing resources.

Implementation Tip: Create a network database of alumni and local business leaders who are interested in supporting athlete development. Host quarterly mentorship events where athletes can meet and learn from these mentors.

Step 4: Create Partnerships with Social Media Platforms and Marketing Firms

Social media is central to NIL’s success, yet not all athletes have the skills or confidence to market themselves online. Partnering with social media platforms, digital marketing firms, or influencer agencies can help provide workshops and one-on-one coaching sessions on building an authentic brand and engaging effectively with followers. Such partnerships can also give athletes access to digital tools that track and analyze their social media engagement, helping them understand and maximize their reach.

Implementation Tip: Encourage social media partners to offer athletes a “pro account” that includes analytic insights, content planning resources, and creative support. This can be made available through discounted or institutional subscriptions funded by athletic departments.

Step 5: Provide Access to Legal and Financial Advising Services

The prospect of contracts, taxes, and long-term financial management is often overwhelming for college athletes. This step is essential, as many athletes may be vulnerable to entering exploitative agreements without understanding the fine print. Administrators should make financial and legal advisory services available for athletes to review contracts, understand licensing rights, and manage income responsibly.

Implementation Tip: Set up a rotating schedule of “NIL office hours” where athletes can meet with legal and financial experts on campus or virtually. Encourage these advisors to offer resources specifically tailored for non-Division I athletes and those engaged in non-revenue sports who may face different NIL challenges and opportunities.

Step 6: Implement Inclusivity Initiatives for Non-Revenue and Non-Collective Model Athletes

Athletic administrators must ensure that NIL opportunities do not exclusively benefit high-profile athletes. This is especially important in mid-major, Division II, and Division III schools where many athletes do not have national exposure. To support these athletes, athletic departments should focus on local and regional endorsements that can be achievable for athletes across all sports and divisions.

  1. Local Sponsorship Facilitation: Work with local businesses to build sponsorship packages aimed at non-revenue athletes, highlighting the unique appeal these athletes bring as community figures.
  2. Recognition Programs: Develop platforms within the institution to promote athlete achievements, such as social media highlights, local media features, and “Athlete of the Month” programs, which boost the visibility of athletes who might not otherwise attract attention.

Implementation Tip: Create a “NIL Opportunity Board” that lists local sponsorships and community partnership opportunities, ensuring access for athletes in less visible sports.

Step 7: Establish a Revenue-Sharing Model to Support All Athletes

If the college adopts revenue-sharing or collective compensation models, non-collective athletes should still benefit from the platform. One approach is to establish an institutional fund, supported by revenue generated through NIL-related initiatives, to provide resources, financial support, and opportunities for all athletes, including those in non-revenue-generating sports.

Implementation Tip: Allocate a percentage of revenue from NIL initiatives (such as social media promotions or apparel sales) to a fund for athletes in non-revenue sports. This fund can cover costs related to NIL education, travel for partnership events, and personal development resources.

Step 8: Monitor, Evaluate, and Adapt the NIL Education Platform

Athletic administrators must regularly evaluate the effectiveness of their NIL education programs to ensure they are meeting athletes’ needs. This involves tracking participation rates, reviewing athlete feedback, and assessing program outcomes, such as the number of athletes who successfully secure NIL deals or show improvement in financial and branding literacy.

Implementation Tip: Conduct bi-annual evaluations using athlete surveys and adjust the curriculum based on feedback and emerging trends. Ensure that the program evolves alongside changes in NIL regulations and market demands, staying current with best practices in digital branding, financial management, and partnership-building.


Conclusion

The NIL era has highlighted the vast marketing potential of all college athletes, regardless of their division or revenue-generating ability. By implementing a comprehensive, inclusive NIL education platform, athletic administrators can empower athletes across the collegiate ecosystem. This platform should encompass a robust curriculum, mentorship, local partnerships, and resources tailored to varying levels of athletic exposure. Through this approach, administrators can help every athlete—not just the stars of revenue sports—realize their full NIL potential, enhancing both their personal development and the reputation of collegiate athletics.

Women Professional Soccer Players call on FIFA to end partnership with Saudi Aramco

By John T. Wendt

“This sponsorship is much worse than an own goal for football: FIFA might as well pour oil on the pitch and set it alight.”[1]  So says an open letter from over 125 women professional soccer players from over 20 countries to FIFA president Gianni Infantino regarding FIFA’s sponsorship agreement with Saudi Arabia’s oil and gas giant Aramco.

Saudi Arabia is the world’s leading exporter of oil and Aramco is the world’s largest oil company.  The market value of Aramco is approximately $2 trillion.  Saudi Arabia’s Public Investment Fund (PIF) was founded in 1971, but “reborn”[2] in 2015 under the direction of Saudi Crown Prince Mohammed bin Salman with the mandate to help implement his “Vision 2030”  diversifying the kingdom’s economy from strictly oil dependency.[3]  Saudi Arabia and PIF has been heavily involved in sports, including among others, golf, horseracing, Formula 1 racing, boxing, tennis.[4]

On April 25, 2024 FIFA announced that Aramco became their “Major Worldwide Partner exclusive in the energy category, with sponsorship rights for multiple events including the highly anticipated FIFA World Cup 26 and especially the FIFA Women’s World Cup 2027 in Brazil.[5]  FIFA President Gianni Infantino noted that “This partnership will assist FIFA to successfully deliver its flagship tournaments over the next four years and, as is the case with all our commercial agreements, enable us to provide enhanced support to our 211 FIFA member associations across the globe.”[6]  At the same time the President and CEO of Aramco Amin H. Nasser claimed that “Through this partnership with FIFA we aim to contribute to football development and harness the power of sport to make an impact around the globe. It reflects our ambition to enable vibrant communities and extends our backing of sport as a platform for growth. Our existing relationship with the Saudi football team Al-Qadsiah, our support for women’s golf through the Aramco Team Series, and our backing of F1 in Schools each demonstrate the possibilities of such partnerships to create pathways for opportunity, positively impact society and promote development at the grassroots level.”[7]  FIFA is also expected to announce in December 2024 that Saudi Arabia will host the 2034 Men’s World Cup.[8]  Saudi Arabia has also expressed an interest in hosting the 2036 Women’s World Cup.[9]

On October 21, 2024, a group of over 125 women professional soccer players sent the open letter addressed to FIFA president Gianni Infantino entitled “Aramco sponsorship is a middle finger to women’s football” calling on FIFA to reconsider or end its partnership with ARAMCO on humanitarian and environmental grounds.[10]  Critics of Saudi Arabia allege that the kingdom is using the PIF to “sportswash” – using high-profile events and investments in sports to improve its international reputation.[11]  The letter states, “Exactly a year ago, many of us came together to play at the pinnacle of our sport in the Women’s 2023 World Cup. The inclusivity and sustainability of that World Cup set a new standard for football, and one which FIFA should be looking to build on. Instead of a step forward, having Saudi Aramco as the sponsor for the next World Cup in 2027 would be a stomach punch to the women’s game, undermining decades of work from fans and players around the globe. A corporation that bears glaring responsibility for the climate crisis, owned by a state that criminalises (sic) LBGTQ+ individuals and systematically oppresses women, has no place sponsoring our beautiful game.”[12]

The letter asks FIFA three questions, how can FIFA justify the sponsorship given their human rights commitments, how can FIFA justify the sponsorship given its climate commitments, and whether FIFA will commit to setting up a sponsorship review panel with player representation. [13]  Finally, the players ask FIFA to “reconsider this partnership and replace Saudi Aramco with alternative sponsors whose values align with gender equality, human rights and the safe future of our planet” and set up a review committee with player representation to evaluate the ethical implications of future sponsorship deals. [14]

Among the signees are U.S. and Portland Thorns defender Becky Sauerbrunn and Dutch international and Manchester City striker Vivianne Miedema.  Sauerbrunn voiced concern for women who are currently imprisoned in Saudi Arabia stating, “The safety of those women, the rights of women, LGBTQ+ rights and the health of the planet need to take a much bigger priority over FIFA making more money.”[15]  Miedema said, “This letter shows that as players this is what we don’t want to stand for and accept within women’s football. It’s simple: this sponsorship is contradicting FIFA’s own commitments to human rights and the planet…”[16]

One of the letter’s lead signatories, Inter Milan midfielder and Danish national team player Sofie Junge Pedersen said, “We think that it’s quite absurd that we, as female football players, are asked to promote on our shirt, Saudi Aramco as a sponsor…The human rights violation there, the discrimination against women that the Saudi authorities stand for…It’s just absurd and very shocking for me that we are asked to do that when these are not our values and also not FIFA’s own values.”[17]  Finally, Dutch international and Ranger FC midfield, Tessel Middag said, “FIFA has a human rights policy and sustainability policy in place – it just needs to uphold them. The facts about Saudi Arabia – the women who are incarcerated, the criminalization of LGBTQ+ relationships, the polluting of the planet – are hard facts that cannot be washed away. Values are not just words on the page – FIFA needs to follow through on the values it says it holds… It’s simple – human rights for Saudi women and a safe planet for all of us are so much more vital than money for FIFA. There is no bigger benefit than rights and our planet.”[18]

FIFA responded by saying that it values its partnership with Aramco as well as other sponsors and that “FIFA is an inclusive organisation (sic) with many commercial partners also supporting other organisations (sic) in football and other sports…Sponsorship revenues generated by FIFA are reinvested back into the game at all levels and investment in women’s football continues to increase, including for the historic FIFA 2023 Women’s World Cup and its groundbreaking new distribution model.”[19]   On their website, Inside FIFA, the organization states that, “FIFA embraces its responsibility to respect human rights across its operations and relationships…(and that it is) committed to respecting all internationally recognized human rights and shall strive to promote the protection of these rights.”[20]  FIFA is not new to controversies.  In 2023 FIFA was prepared to announce that “Visit Saudi” the kingdom’s national tourism board would be a sponsor for the 2023 Women’s World Cup but reversed the decision after backlash from players and organizers.[21] Aramco has yet to respond to the players’ demands. 

If their demands are not met, the players may resort to further actions, including a possible boycott.  As Vivianne Miedema said, “I think you’ve seen over the past couple of years that women’s teams are not scared to stand up for what they believe in.”[22]

John T. Wendt serves as a member of the Court of Arbitration for Sport (Lausanne, Switzerland), the American Arbitration Association, and on the JAMS Panel to hear cases under HISA’s Anti-Doping and Medication Control (ADMC) Program.  He serves as Professor Emeritus of Ethics and Business Law in the Opus College of Business at the University of St. Thomas and has taught and published extensively in the field of sports law.


[1] Sophie Junge Pedersen et al., Letter to FIFA, (2024), https://athletesoftheworld.org/fifa-x-saudi-aramco (last visited Oct 21, 2024).

[2] Public Investment Fund, Public Investment Fund – Our History, (2024), https://www.pif.gov.sa/en/who-we-are/our-history (last visited Oct 23, 2024).

[3] George Hay & Karen Kwok, Breakingviews – Saudi’s $700 Billion PIF Is an Odd Sort of Sovereign Fund, Reuters, Sep. 21, 2023, https://www.reuters.com/breakingviews/saudis-700-bln-pif-is-odd-sort-sovereign-fund-2023-09-21/ (last visited Oct 23, 2024).

[4] Joey D’Urso, Saudi Arabia’s Takeover of World Sport: Football, Golf, Boxing and Now Tennis?, The New York Times, Feb. 1, 2024, https://www.nytimes.com/athletic/5237849/2024/02/02/saudi-arabia-sport-investments/ (last visited Oct 23, 2024).

[5] FIFA, Aramco and FIFA Announce Global Partnership, (2024), https://inside.fifa.com/about-fifa/commercial/media-releases/origin1904-p.cxm.fifa.com/aramco-and-fifa-announce-global-partnership (last visited Oct 23, 2024).

[6] Id.

[7] Id.

[8] Reuters, Women Footballers Call on FIFA to End Partnership with Saudi Aramco, (2024), https://www.reuters.com/sports/soccer/women-footballers-call-fifa-end-partnership-with-saudi-aramco-2024-10-21/ (last visited Oct 21, 2024).

[9] Arwa Mahdawi, Saudi Arabia Wants to Host the Women’s World Cup – but Should It?, The Guardian, Dec. 16, 2023, https://www.theguardian.com/commentisfree/2023/dec/16/womens-world-cup-saudi-arabia (last visited Oct 27, 2024).

[10] Pedersen et al., supra note 1.

[11] Fahad Abuljadayel & Christine Burke, Saudi Arabia Is Splurging on Sports. Is It Working?, (2024), https://www.bloomberg.com/news/articles/2024-03-10/saudi-arabia-is-splurging-on-sports-is-it-working (last visited Oct 24, 2024).

[12] Pedersen et al., supra note 1. ¶6

[13] Id. ¶12

[14] Id. ¶11

[15] Associated Press, Becky Sauerbrunn and over 100 Women’s Soccer Players Protest FIFA Deal with Saudi Oil Giant Aramco, (2024), https://apnews.com/article/fifa-saudi-arabia-aramco-becky-sauerbrunn-cb41913acfa00adba988cf73e0fc70b7 (last visited Oct 21, 2024).

[16] Id.

[17] Sarah Leavitt, Women’s Soccer Players Slam FIFA’s Partnership with Saudi Aramco over Human Rights, Environmental Concerns, CBC News, Oct. 21, 2024, https://www.cbc.ca/news/world/fifa-saudi-arabia-aramco-women-letter-1.7357644 (last visited Oct 21, 2024).

[18] Samindra Kunti, Women’s Soccer Players Demand FIFA Drop Aramco Sponsorship, Forbes (2024), https://www.forbes.com/sites/samindrakunti/2024/10/21/womens-soccer-players-demand-fifa-drop-aramco-sponsorship/ (last visited Oct 21, 2024).

[19] Reuters, supra note 8.  Some of FIFA’s other major partners include Adidas, Coca-Cola and Visa.

[20] FIFA, Inside FIFA, Human Rights & Anti-Discrimination, (2024), https://inside.fifa.com/social-impact/human-rights (last visited Oct 27, 2024).

[21] Sean Ingle, Fifa Admits Defeat over Saudi Sponsorship of Women’s World Cup, The Guardian, Mar. 16, 2023, https://www.theguardian.com/football/2023/mar/16/fifa-defeat-saudi-sponsorship-womens-world-cup-plans-infantino (last visited Oct 27, 2024).

[22] Mathias Brück, Female Footballers Speak out against FIFA-Saudi Deal, dw.com (2024), https://www.dw.com/en/female-footballers-speak-out-against-fifa-saudi-deal/a-70568958 (last visited Oct 27, 2024).

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