There are three approaches to allowing 蜜桃传媒 Intellectual Property (IP) to be used within the Student-Athlete (“SA”) NIL space. All usages of 蜜桃传媒 IP must follow institutional brand standards, the 蜜桃传媒's "Name, Image, and Likeness Activities Policy," and receive pre-authorization from the Trademarks and Licensing Office within the Division of 蜜桃传媒 Communications.
SA engaging with outside sponsors using only the SA’s own NIL with NO mention of the 蜜桃传媒 or use of UB IP. The SA is permitted to use a statement of fact to confirm their identity, attendance, and athletic participation at UB. They may also identify the sport and position they play. Usage must comply with the Trademarks and Licensing Policy and associated guidance document.
When an SA identifies themselves as a UB student or as an SA in a particular sport in the course of an endorsement or testimonial, SA will need to include disclaimer language. The disclaimer is used to confirm that while the SA is affiliated with the 蜜桃传媒, their endorsement or testimonial is not the viewpoint nor opinion of the 蜜桃传媒.
Example disclaimers include:
To identify themselves, an SA may use the following 蜜桃传媒 IP (as text or spoken word). No marks or logos are allowed:
They may NOT use the following 蜜桃传媒 IP (this list is not exhaustive):
The SA will be able to use a set of UB IP for use on their own products, and/or self-promotion.
All usages of 蜜桃传媒 IP must follow institutional brand guidelines, the 蜜桃传媒's "Name, Image, and Likeness Activities Policy," and receive pre-authorization from the Trademarks and Licensing office within the Division of 蜜桃传媒 Communications.
The SA would be allowed to use IP allowable in Category 1 and additionally the following IP:
They may NOT use the following 蜜桃传媒 IP (this list is not exhaustive):
All usage of IP must follow 蜜桃传媒 brand and trademark standards. These include but are not limited to:
The NIL policy and guidance applies to usage strictly of the SA NIL and does not extend to brands developed, created or affiliated with the SA. If the SA has created, developed or is affiliated with a brand that wishes to co-brand with UB, a separate agreement between the 蜜桃传媒 and said brand must be put in place and would follow the typical process and market rates that any external third party would encounter in establishing a relationship with the 蜜桃传媒.
When posting on social media as part of co-branded NIL activities—which includes selling (whether for profit or not) anything—the SA may not tag, mention or hashtag any 蜜桃传媒 accounts. They may however use 蜜桃传媒 IP within photos, videos or designed stills provided they adhere to 蜜桃传媒 brand and trademark standards.
When using social media to post a personal prideful post unrelated to NIL activity the SA may mention, tag or hashtag the 蜜桃传媒 in posts. In these cases, the SA would follow all rules that a non-student athlete must follow.
When posting on social media as part of co-branded NIL activities—which includes selling (whether for profit or not) anything—the SA may not tag, mention or hashtag any 蜜桃传媒 accounts. They may however use 蜜桃传媒 IP within photos, videos or designed stills provided they adhere to 蜜桃传媒 brand and trademark standards.
When using social media to post a personal prideful post unrelated to NIL activity the SA may mention, tag or hashtag the 蜜桃传媒 in posts. In these cases, the SA would follow all rules that a non-student athlete must follow.
The SA would be able to enter into a NIL contract with an outside entity who also currently holds a sponsorship agreement with the 蜜桃传媒. In order to use any 蜜桃传媒 IP, the sponsorship agreement between the 蜜桃传媒 and the outside entity must be current, and must explicitly state the parameters of use of 蜜桃传媒 IP. Use of 蜜桃传媒 IP would be dictated by the sponsorship agreement with the outside sponsor while the NIL agreement would address contractual obligations for the SA.
All usages of 蜜桃传媒 IP must follow brand standards and trademark guidelines, the 蜜桃传媒's "Name, Image, and Likeness Activities Policy," and receive pre-authorization from the Trademarks and Licensing office within the Division of 蜜桃传媒 Communications.
Other than being able to factually identify themselves as a 蜜桃传媒 SA, the SA should not mention, tag or hashtag any 蜜桃传媒 accounts in posts about the third-party entity.
The sponsorship agreement between UB and the third-party entity will dictate what posts/mentions/tags are made by the 蜜桃传媒 and what posts/mentions/tags are allowed by the entity.
A collegiate licensed vendor must be used for all branded products including retail, fundraisers, or giveaways. If you are unsure if a vendor is licensed, please confirm with UB's Trademarks and Licensing Office.
Questions? Contact Cynthia Todd, Director of Trademarks and Licensing at UBTrademarks@buffalo.edu or 716-645-4585.