Former University at Buffalo running back Kevin Marks was a pioneer when he became one of the first athletes playing in Western New York last year to sign an endorsement deal.
But Marks, for the most part, is an exception.
More than a year after the NCAA approved changes to its policies, easing longtime rules to allow college athletes to make money from their name, image and likeness, few athletes at local Division I schools are cashing in yet.
Endorsement and licensing deals are just at a trickle to this point. About 15 to 25 athletes are estimated to have been signed to endorsement deals at the "Big 4" schools – University at Buffalo, St. Bonaventure University, Niagara University and Canisius College, according to nilcollegeathletes.com, an online database.
People are also reading…
Most are singular deals with Barstool Sports, which helps to connect athletes to brands and agencies and has signed the most athletes of any company in this space.
The new landscape so far has been dominated mostly by players from the nation’s largest collegiate athletics programs at the Power Five conferences – SEC, ACC, Big-10, Big-12 and Pac-12.
For example, reigning Heisman Trophy winner, Alabama quarterback Bryce Young, is estimated to be the highest collegiate football NIL earner this year with deals valued at $3.2 million, according to On3.com, a college and recruiting site that tracks NIL deals.
"There's not the big splash here like there is with the SEC and Big-10 and the big dollars that those football and basketball athletes are making," said John Jiloty, senior vice president for growth channels and content at the Martin Group.
"I think brands are trying to figure it out and schools are trying to figure it out, and there's still so much uncertainty and unease about what are the right partnerships," he said. "That's why it hasn't been more widespread."
That's not to say it won't someday. But for now, college athletes in Western New York aren't in a great position to take advantage of the opportunity.
There’s just not the same appeal for brands to connect with mid-major school athletes, like the ones in Western New York, where there is less attention given to collegiate athletics with the Buffalo Bills and Sabres dominating this landscape.
College athletics in Western New York also lacks the drawing power of upper echelon programs like Michigan, which fills its 100,000-seat football stadium for home games, or even Syracuse University, which can draw more than 20,000 fans to basketball games regularly televised on major networks and sports channels.
There have been more than a hundred endorsement deals for student-athletes at Ohio State, while Texas A&M players are earning an estimated average of $85,000 in off-field partnerships, sponsorships and brand deals.
"The first 14 months of NIL has been distorted and sensationalized toward the big stories of Power Five schools and athletes like the quarterback at Alabama," said Mark Koesterer, who founded the Players NIL in July 2021. "We think it is trickling down to the everyday student-athlete and that the Power Five schools will begin to be less talked about."
In its purest form, name, image and likeness should provide every college athlete with an opportunity to profit and help pay for school, create a brand and tell a story, Koesterer said. And as additional players, coaches, college administrators and businesses alike get better educated about NIL, more athletes should be able to engage with more brands.
“I think NIL is for all. It just may be at different levels,” Koesterer said. “Kids are paying attention and starting to realize what’s going on and coaches are talking about it.”
Uncertain landscape in state
In New York, schools continue to grapple with the rules and how to manage and set them up , said Jiloty, who is working with clients to find athletes who fit their brands.
Until Monday, when legislation was signed allowing collegiate student-athletes to receive compensation for use of their name, image or likeness and to be represented by an attorney or agent, the state did not have an NIL law in place.
College athletes are to engage in NIL activities that are consistent with the law of each state, but those who attend a school in a state without an NIL law must adhere to rules set up by each institution, the NCAA notes.
“I think it’s great for the athletes,” Jiloty said. “They deserve to be able to make money off the work they put in to become marketable, and I think they provide value to sponsors."
Despite the uncertainty, there’s a newfound willingness by schools to embrace the new rules – a big change from their yearslong struggle to maintain true amateurism in college sports.
UB, for example, recently implemented NIL programming on its website, called “Built in Buffalo,” which helps student-athletes with branding, contracts, agent and tax education and how to operate as an independent contractor. This training is also now part of the annual onboarding process for all new student athletes at the school.
The university also provides an app where student athletes can report their transactions and get help with contracts from the University at Buffalo law school. The NCAA requires a seven-day grace period for college athletes to file agreements or proposals with a third party with a school's compliance office.
Businesses can also use the information from UB to learn more about NIL and reach out to the university to facilitate a relationship with an athlete.
“We’re still in its infancy here and we’re pushing our athletes to build their brand, social media and take advantage of opportunities when they arise,” said Kelly Cruttenden, associate athletic director for compliance at UB.
Education is key component
Koesterer, who started the lacrosse program at Cazenovia High School in Central New York, sold a company he was running in Los Angeles in June 2021 to focus on NIL.
He immediately saw the need for education so that student athletes wouldn’t be taken advantage of in this new space and to quell the worries of coaches and administrators about athlete inequities, distractions and how the deals could impact the schools' donors and partners.
“Our vision now is to use athletics and NIL to better the lives of thousands of kids around the country,” Koesterer said.
Jiloty said coaches at the high school level also should be educating students and preparing them for networking and connecting with the right brands.
“Players should think about where they want to be after their playing days and look into those opportunities and position themselves as a personal brand to get there,” Jiloty said.
Koesterer’s company has signed an agreement with public high schools statewide to offer educational programming to young athletes. Last October, New York began allowing high school athletes to benefit from their name, image and likeness. Currently, NIL monetization is permitted at the high school level in 17 states.
“There’s certainly going to be challenges but education is power, and the more we educate coaches about what NIL really is and how we can get down to the grass roots, the better they’ll be able to administrate it,” he said.
NIL carefully being embraced
Cruttenden said UB is embracing what NIL could mean for UB student athletes – but carefully.
Over the summer, UB developed its internal policy, which does not allow student athletes to use the school’s logo for promotional work.
Cruttenden said there are universities that may be looking to use NIL as a recruiting tool. Coaches, however, can't broker NIL deals with athletes or use it as a recruitment incentive, she said.
To avoid that occurring at UB, the school has extended the NIL educational piece to boosters, parents, businesses and fans.
“There are a lot of things that have changed over the years with the NCAA, and this is one of those things,” Cruttenden said. “But once the toothpaste is out of the tube, it’s not going back in, so there’s nobody who’s going to benefit from saying, ‘I wish we didn’t have to do this. I wish it wasn’t like this.’"
What future holds
While endorsement deals have been rare for Western New York college athletes, there are some taking charge of their brand and seeking to work with potential suitors.
Jiloty thinks more local brands will start to activate with those student athletes and it could start with smaller deals.
“This a big benefit to a local sponsor brand that’s thinking about where they can now put their dollars and where they can be locally relevant,” Jiloty said.
Koesterer said there are already examples of young athletes at smaller schools doing well despite limited training. One is Rayquan Smith from Norfolk State, who has many endorsement deals and is being called “King of the NIL.”
“We’re treading lightly but the genie is out of the bottle. NIL is here to stay,” Koesterer said.