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Athlete Agreement

Version 1.1.0 · Effective Date: 2026-05-30 · Last Updated: May 11, 2026

THIS ATHLETE AGREEMENT (“Agreement”) is entered into as of the date of electronic acceptance (“Effective Date of Acceptance”) by and between:

NextName, Inc., an Illinois corporation (“NextName,” “Company,” “Platform,” “we,” “us,” or “our”), with its principal website at nextname.io, and

The individual accepting this Agreement (“Athlete,” “Creator,” “you,” or “your”), collectively referred to as the “Parties” and individually as a “Party.”

By creating an Athlete account on the NextName platform, completing the Stripe Connect onboarding process, or publishing content on the Platform, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.

Capitalized terms used in this Agreement and not defined herein shall have the meanings ascribed to them in the NextName Terms of Service, Section 1 (Definitions).

Table of Contents

  1. Parties and Purpose
  2. Eligibility and Representations
  3. NIL Disclosure and Compliance
  4. Revenue Share Terms
  5. Stripe Connect Requirements
  6. Content Ownership and Licensing
  7. Content Standards and Restrictions
  8. School Affiliation Acknowledgment
  9. Payout Terms
  10. Non-Exclusivity
  11. Representations and Warranties
  12. Indemnification
  13. Termination and Offboarding
  14. Dispute Resolution
  15. Miscellaneous

1. Parties and Purpose

1.1 About NextName

NextName is a fan engagement platform for college sports that connects fans, athletes, and schools through a channel-based social ecosystem. The Platform enables college athletes to monetize their Name, Image, and Likeness (“NIL”) through recurring fan subscriptions, premium content sales, and direct tips in a manner designed to be compliant with applicable NCAA, NAIA, NJCAA, and state NIL regulations.

1.2 Purpose of This Agreement

This Agreement governs the relationship between NextName and the Athlete with respect to the Athlete’s use of the Platform as a content creator, including but not limited to:

  1. The terms under which the Athlete creates, publishes, and monetizes content on the Platform;

  2. The revenue share arrangement between the Athlete and NextName;

  3. The Athlete’s obligations regarding NIL compliance and disclosure;

  4. The rights and responsibilities of each Party with respect to content, payments, and platform use; and

  5. The procedures for onboarding, ongoing participation, and termination.

1.3 Relationship of the Parties

The Athlete is an independent contractor and is not an employee, agent, partner, or joint venturer of NextName. Nothing in this Agreement shall be construed to create an employment relationship, agency, partnership, or joint venture between the Parties. The Athlete is solely responsible for all applicable taxes, insurance, and compliance obligations arising from their participation on the Platform.

2. Eligibility and Representations

2.1 Athletic Eligibility

To create and maintain an Athlete account on the Platform, you must meet all of the following eligibility requirements at the time of account creation and throughout the term of this Agreement:

  1. Enrolled Student-Athlete. You must be a currently enrolled student-athlete at an institution that is a member of the National Collegiate Athletic Association (“NCAA”), National Association of Intercollegiate Athletics (“NAIA”), National Junior College Athletic Association (“NJCAA”), or any successor or equivalent governing body (collectively, “Governing Body”);

  2. Eligible for NIL Activity. You must be eligible to engage in NIL activity under the rules of your Governing Body, your institution, and applicable state law. If your eligibility status changes at any time during the term of this Agreement, you must notify NextName immediately at [email protected];

  3. Good Standing. You must be in good academic and athletic standing with your institution and not currently subject to any suspension, probation, or other disciplinary action that would restrict your ability to engage in NIL activity; and

  4. Not Prohibited. You must not be subject to any court order, contractual restriction, institutional policy, or other legal prohibition that would prevent you from entering into this Agreement or engaging in NIL activity on the Platform.

2.2 Age Requirement

  1. Eighteen (18) Years or Older. You represent that you are at least eighteen (18) years of age at the time of entering into this Agreement.

  2. Minors (Under 18). If you are under eighteen (18) years of age, the following requirements apply:

  3. A parent or legal guardian (“Guardian”) must provide digital consent before your account can be activated. During the signup process, you will be prompted to provide your Guardian’s email address;

  1. NextName will send a digital consent link to the Guardian’s email address. The Guardian must complete the consent process, which includes reviewing and accepting this Agreement on your behalf;

  2. Your Athlete account will not be activated and no monetization features will be available until Guardian consent is received and verified;

  3. The Guardian agrees to be bound by the terms of this Agreement on the Athlete’s behalf and assumes all obligations and liabilities described herein;

  4. Guardian consent must be re-verified annually. NextName will send a re-verification request to the Guardian’s email address on file each year. If re-verification is not completed within thirty (30) days, the account may be restricted; and

  5. NextName reserves the right to require additional verification of Guardian consent at any time, including but not limited to telephone verification or signed consent forms.

  6. COPPA Compliance. NextName does not knowingly collect personal information from individuals under the age of thirteen (13). If you are under thirteen (13) years of age, you may not create an account on the Platform.

2.3 US Eligibility Requirement

You represent and warrant that you are a United States person for federal income tax purposes. The Platform is currently available only to Athletes who can provide a valid IRS Form W-9. International athletes requiring IRS Form W-8BEN are not eligible at this time. NextName may expand eligibility to international athletes in the future.

2.4 Account Verification

NextName reserves the right to verify your eligibility at any time, including by requesting documentation of enrollment status, athletic eligibility, Governing Body membership, or Guardian consent. Failure to provide requested verification within fourteen (14) calendar days may result in account suspension or termination.

2.5 Ongoing Eligibility

You must promptly notify NextName at [email protected] if any of the following occur during the term of this Agreement:

  1. You are no longer enrolled as a student-athlete at a member institution;

  2. Your NIL eligibility is revoked, suspended, or otherwise restricted;

  3. You transfer to a different institution (your account may be updated to reflect the new affiliation);

  4. You become subject to any legal, institutional, or Governing Body restriction on NIL activity; or

  5. You graduate, exhaust athletic eligibility, or otherwise cease to be a student-athlete.

Upon the occurrence of any event described in this Section 2.5, NextName will work with you in good faith to determine whether your account can remain active, be modified, or must be transitioned to an alumni or general creator account.

3. NIL Disclosure and Compliance

3.1 Athlete’s Compliance Responsibility

You are solely responsible for ensuring that your participation on the Platform complies with all applicable laws, regulations, Governing Body rules, conference rules, and institutional policies related to NIL activity. NextName does not provide legal advice and makes no representation that your use of the Platform is compliant with any particular set of rules.

3.2 Institutional NIL Disclosure

  1. Disclosure Obligation. Many institutions and state laws require student-athletes to disclose NIL activities, agreements, and earnings to their institution’s compliance office, athletic department, or designated NIL disclosure platform (e.g., INFLCR, Opendorse, Teamworks, or an equivalent system). You are solely responsible for making all required disclosures in a timely manner.

  2. Disclosure Timing. Where your institution or state law requires advance disclosure or approval of NIL agreements, you must complete such disclosure or obtain such approval before publishing monetized content on the Platform.

  3. Assistance. Upon your request, NextName will provide a summary of this Agreement, your earnings history, or other documentation reasonably necessary to assist you in completing required disclosures. Requests may be directed to [email protected].

3.3 Collegiate Athlete Compensation (“CSC”) Reporting

Certain states have enacted or may enact laws requiring the reporting of collegiate athlete compensation. Where applicable, you acknowledge and agree that:

  1. NextName may be required to report certain payment information to state agencies, your institution, or other designated entities;

  2. You will cooperate with NextName in providing any information reasonably necessary for such reporting; and

  3. NextName may share aggregated or individual payment data with your institution’s compliance office where required by law or institutional policy, subject to applicable privacy protections.

3.4 Pay-for-Play Prohibition

You acknowledge that the Platform is designed to facilitate genuine fan engagement and content creation, not to serve as a conduit for pay-for-play arrangements. You agree that:

  1. Your content and activities on the Platform will reflect genuine NIL value, not athletic performance, recruitment inducements, or enrollment decisions;

  2. You will not use the Platform to receive payments that are contingent upon your athletic performance, enrollment at a particular institution, or commitment to attend or remain at an institution; and

  3. You will promptly report to [email protected] any attempt by a third party to use the Platform for pay-for-play purposes.

3.5 NCAA, NAIA, and NJCAA Rule Changes

NIL rules and regulations are evolving. NextName will make commercially reasonable efforts to update its policies and features to reflect material changes in Governing Body rules. However, you remain solely responsible for monitoring and complying with rule changes that affect your NIL activity. NextName will notify registered Athletes of material rule changes that come to its attention, but such notification does not constitute legal advice or a guarantee of compliance.

4. Revenue Share Terms

4.1 Revenue Streams

As an Athlete on the Platform, you may earn revenue from the following sources:

  1. Subscriptions. Recurring monthly or annual subscription fees paid by fans who subscribe to your channels at the Subscription or Premium tier;

  2. Premium Content. One-time purchases of premium channel access or individual premium posts (“pay-per-view”);

  3. Tips. Voluntary one-time payments from fans directed to you; and

  4. Other Revenue. Any additional revenue streams that NextName may introduce from time to time, subject to notice to you and your continued participation.

4.2 Gamification-Based Revenue Share

NextName utilizes a gamification system (“Creator Levels”) that rewards consistent, high-quality content creation with progressively better revenue share rates. Your revenue share is determined by your current Creator Level as follows:

Creator Level Creator Share NextName Service Fee How to Unlock
Level 1 (Base) 80% 20% Default for all new Athletes
Level 2 82% 18% Composite score threshold
Level 3 84% 16% Composite score threshold
Level 4 86% 14% Composite score threshold
Level 5 88% 12% Composite score threshold
Level 6 (Maximum) 90% 10% Composite score threshold

4.3 Revenue Calculation

Revenue shares are calculated as follows:

Gross Revenue       = Total amount paid by fan (subscription, tip, or purchase price)
Processing Fees     = Stripe's fees (currently 2.9% + $0.30 per transaction) for purchases
                      through Stripe, or Apple's commission (currently up to 30%) for iOS
                      in-app purchases
Net Revenue         = Gross Revenue - Processing Fees
Creator Payout      = Net Revenue x Creator Share (80%-90%, based on Creator Level)
NextName Fee        = Net Revenue x NextName Service Fee (10%-20%, based on Creator Level)

4.4 Creator Level Determination

  1. Composite Score. Your Creator Level is determined by a composite score calculated daily by NextName based on four dimensions: active channel count (channels with at least one post in the last 30 days), monthly posting activity, revenue generation, and fan engagement (likes and comments received).

  2. Recalculation. Creator Levels are recalculated on a daily basis via an automated system. Your level may increase or decrease based on your composite score relative to the applicable thresholds. Athlete thresholds are published in the Platform and range from 0 (Rookie) to 1,000 (Legend) in 200-point increments.

  3. Threshold Transparency. NextName will publish the composite score thresholds and dimension scoring rules for each Creator Level within the Platform. NextName reserves the right to adjust thresholds with thirty (30) days’ advance notice to affected Athletes.

  4. Level Changes. When your Creator Level changes, the new revenue share rate will apply to all transactions processed after the effective date of the level change. Revenue share changes are not applied retroactively to previously processed transactions.

4.5 NextName Service Fee

The NextName Service Fee (10%-20%, depending on your Creator Level) compensates NextName for providing and maintaining the Platform, including but not limited to: infrastructure and hosting, payment processing facilitation, content delivery, fan acquisition and engagement tools, customer support, compliance tools, gamification systems, analytics, and administrative services.

4.6 Pricing

  1. Athlete-Set Pricing. You may set the monthly subscription price for your Subscription and Premium channel tiers, subject to minimum and maximum price constraints established by NextName.

  2. Price Changes. You may change your subscription pricing at any time. Price changes apply to new subscribers only. Existing subscribers will be grandfathered at their original price until they cancel and resubscribe, unless you opt to apply the new price to all subscribers (with thirty (30) days’ advance notice to affected subscribers, facilitated by NextName).

  3. Tips. Tips are voluntary, have no minimum amount, and are not subject to pricing constraints.

5. Stripe Connect Requirements

5.1 Stripe Connect Onboarding

  1. Mandatory Enrollment. All payouts on the Platform are processed through Stripe Connect. To receive any payouts, you must complete the Stripe Connect Express onboarding process, which includes identity verification, bank account linkage, and acceptance of the Stripe Connected Account Agreement.

  2. Onboarding Timeline. You must complete Stripe Connect onboarding within thirty (30) days of creating your Athlete account. You will not be able to receive payouts, and monetization features may be restricted, until onboarding is complete.

  3. Stripe’s Terms. Your use of Stripe Connect is subject to the Stripe Connected Account Agreement, including Stripe’s Terms of Service and Privacy Policy. NextName is not a party to your agreement with Stripe and is not responsible for Stripe’s services, actions, or policies.

5.2 Tax Information

  1. W-9 Required. You must provide a completed IRS Form W-9 (Request for Taxpayer Identification Number and Certification) through the Stripe Connect onboarding process. Your Taxpayer Identification Number (“TIN”) is required for tax reporting purposes.

  2. US Persons Only. At launch, the Platform is available only to Athletes who are United States persons for federal income tax purposes. If you are not a US person for tax purposes, you are not eligible to create an Athlete account at this time.

  3. Accuracy. You are solely responsible for the accuracy of the tax information you provide. NextName is not responsible for any tax liability, penalty, or interest resulting from inaccurate or incomplete tax information.

  4. Updates. You must promptly update your tax information if any material changes occur (e.g., change of address, change of TIN).

5.3 Bank Account and Payment Method

  1. You must link a valid bank account or debit card to your Stripe Connect account to receive payouts.

  2. NextName is not responsible for payouts that fail due to incorrect, outdated, or invalid bank account information provided by you.

  3. You are responsible for any fees charged by your bank or financial institution in connection with receiving payouts.

5.4 Stripe Account Maintenance

You must keep your Stripe Connect account in good standing throughout the term of this Agreement. If your Stripe account is suspended, restricted, or terminated by Stripe for any reason, NextName may suspend your ability to earn revenue on the Platform until the issue is resolved. NextName will make commercially reasonable efforts to assist you in resolving Stripe account issues but is not obligated to do so.

5.5 Stripe Connect Denial

  1. If Stripe denies or restricts your Stripe Connect application, NextName will notify you within ten (10) business days of receiving notice from Stripe.

  2. If your Stripe Connect account cannot be activated, you will not be able to receive payouts through the Platform. You may continue to use the Platform to post free (Public tier) content, but monetization features will be restricted.

  3. You may close your Athlete account at any time if your Stripe Connect application is denied. No payouts will be issued until a Stripe Connect account is active and in good standing.

  4. NextName is not responsible for Stripe’s decisions regarding account approval and cannot override Stripe’s verification requirements.

6. Content Ownership and Licensing

6.1 Creator Ownership

You retain full ownership of all content you create and publish on the Platform (“Athlete Content”), including but not limited to: text posts, photographs, videos, audio recordings, livestreams, and any other media. Nothing in this Agreement transfers ownership of your content to NextName.

6.2 License Grant to NextName

By publishing content on the Platform, you grant NextName a non-exclusive, worldwide, royalty-free, sublicensable (solely to the extent necessary to operate the Platform and deliver content to subscribers), and transferable (solely in connection with a sale or transfer of the Platform) license to:

  1. Host, store, cache, reproduce, distribute, display, and transmit your Athlete Content through the Platform;

  2. Create thumbnails, previews, excerpts, and promotional clips of your Athlete Content for use in marketing and promoting the Platform and your profile (such promotional use shall not exceed thirty (30) seconds of any individual piece of content);

  3. Adapt your Athlete Content as reasonably necessary for technical purposes, including format conversion, compression, resolution adjustment, and platform compatibility; and

  4. Make your Athlete Content available to fans who have purchased access through subscriptions, premium content purchases, or other authorized means.

6.3 License Limitations

  1. Non-Exclusive. The license granted in Section 6.2 is non-exclusive. You are free to publish the same or similar content on other platforms, subject to Section 10 (Non-Exclusivity).

  2. Purpose-Limited. NextName will not use your Athlete Content for any purpose other than operating the Platform, delivering content to authorized fans, and promoting the Platform and your profile, unless you provide separate written consent.

  3. No Sale of Content. NextName will not sell, license, or otherwise transfer your Athlete Content to third parties outside the Platform, except as necessary to deliver the Platform’s services (e.g., content delivery networks, cloud storage providers).

6.4 Moral Rights

To the extent permitted by applicable law, you waive any moral rights (including rights of attribution and integrity) in your Athlete Content solely to the extent necessary for NextName to exercise the license granted in Section 6.2. This waiver does not affect your ownership rights or your ability to exercise moral rights outside the Platform.

6.5 Takedown and Removal

You may remove any Athlete Content from the Platform at any time through your account settings. Upon removal:

  1. NextName will cease displaying the content to new viewers within a commercially reasonable time (typically within twenty-four (24) hours);

  2. Fans who have already purchased permanent access to specific premium content may retain access to that content, consistent with their purchase terms; and

  3. NextName may retain copies of removed content for a reasonable period for backup, legal, compliance, or dispute resolution purposes, but will not actively display or distribute such content.

6.6 Athlete Content Removal Request

  1. You may request removal of any Athlete Content from the Platform at any time by submitting a removal request through your account settings or by contacting [email protected].

  2. NextName will process content removal requests within fifteen (15) calendar days of receipt.

  3. If the removed content was part of an active Subscription or Premium channel, existing subscribers will receive prorated access credit for the remaining portion of their billing period.

  4. Content removal does not affect revenue already earned and paid out prior to the removal request.

7. Content Standards and Restrictions

7.1 Content Standards

All Athlete Content published on the Platform must comply with the following standards:

  1. Authenticity. Content must be genuinely created by you or with your direct involvement. You may not publish content created entirely by third parties without proper attribution and authorization.

  2. Quality. While NextName does not impose specific production standards, content should provide genuine value to subscribers and reflect the quality that fans reasonably expect from a paid platform.

  3. Platform Guidelines. Content must comply with the NextName Community Guidelines and Content Policy, as published on the Platform and updated from time to time.

7.2 Prohibited Content

You may not publish or distribute any of the following on the Platform:

  1. Illegal Content. Content that violates any applicable federal, state, or local law, or that depicts, promotes, or facilitates illegal activity;

  2. Pay-for-Play Content. Content that is designed to, or could reasonably be interpreted as, an inducement related to athletic performance, recruitment, enrollment decisions, or transfer portal activity;

  3. Harassment and Hate Speech. Content that targets individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;

  4. Sexually Explicit Content. Pornographic or sexually explicit material;

  5. Violence and Threats. Content that depicts, promotes, or threatens gratuitous violence against any person or animal;

  6. Gambling and Betting. Content that promotes, facilitates, or is connected to sports betting, gambling, or wagering activities, except where expressly permitted by NextName policy;

  7. Controlled Substances. Content that promotes the sale or use of illegal controlled substances, or the misuse of legal substances;

  8. Misinformation. Content that knowingly disseminates false information, including health misinformation, election misinformation, or disinformation campaigns;

  9. Spam and Deception. Misleading, fraudulent, or deceptive content, including fake engagement, misleading thumbnails or titles, and phishing attempts; and

  10. Third-Party Rights Violations. Content that infringes the intellectual property, privacy, or publicity rights of any third party, including other athletes, public figures, brands, and media organizations.

7.3 School Intellectual Property Restrictions

  1. No Unauthorized School IP. You may not use your institution’s trademarks, logos, mascots, wordmarks, trade dress, or other institutional intellectual property (“School IP”) in your Athlete-owned channels, posts, or profile without the express written permission of your institution.

  2. Incidental Use Exception. Incidental appearance of School IP in content (e.g., wearing a team jersey in a video, competing in a game at a venue with school branding) is permitted, provided that the School IP is not the primary focus of the content and is not used in a manner that suggests institutional endorsement of your personal channel.

  3. School-Created Channels. Your institution may create channels on the Platform featuring you (e.g., game highlights, team content). Such channels are owned and managed by the institution and are governed by the separate School-Athlete Affiliation Agreement, not this Agreement.

  4. Clarification. If you are uncertain whether a particular use of School IP is permitted, you should consult your institution’s compliance office or contact NextName at [email protected].

7.4 Content Moderation

  1. NextName reserves the right to review, moderate, remove, or restrict access to any Athlete Content that violates this Agreement, applicable law, or Platform guidelines.

  2. NextName will provide notice to you before or promptly after taking moderation action, including the reason for the action and any available appeal process.

  3. Repeated or severe violations may result in account suspension or termination pursuant to Section 13.

8. School Affiliation Acknowledgment

8.1 School Affiliation on the Platform

The Platform allows Athletes to affiliate with their institution (“School”) on the Platform. School affiliation may enable features such as:

  1. Appearing on the School’s institutional profile and team rosters;

  2. Being featured in School-created channels and content;

  3. Receiving fan traffic and subscriber referrals from the School’s Platform presence; and

  4. Participating in School-organized campaigns, events, and promotions on the Platform.

8.2 School-Athlete Affiliation Agreement

If you choose to affiliate with a School on the Platform, your affiliation is governed by a separate School-Athlete Affiliation Agreement between you, the School, and NextName. That agreement covers:

  1. The School’s rights and responsibilities with respect to your profile and content;

  2. Revenue arrangements for School-managed content featuring you;

  3. Content approval workflows and editorial control;

  4. Use of School IP in connection with your profile; and

  5. Termination of affiliation upon transfer, graduation, or other status changes.

8.3 Affiliation Status

  1. Voluntary. School affiliation on the Platform is voluntary. You are not required to affiliate with any School to maintain your Athlete account.

  2. Approval Required. School affiliation requires approval from both you and the School. Either party may decline or terminate the affiliation at any time.

  3. Status Updates. Your affiliation status (none, pending, approved, rejected) is visible in your account settings. If your affiliation status changes (e.g., due to transfer, graduation, or institutional action), your profile and associated content will be updated accordingly.

8.4 Independence of Agreement

This Athlete Agreement is independent of any School-Athlete Affiliation Agreement. Termination of your School affiliation does not terminate this Agreement, and termination of this Agreement does not automatically terminate your School affiliation (which is governed by its own terms).

9. Payout Terms

9.1 Payout Schedule

  1. Weekly Payouts. Payouts are processed on a weekly basis via Stripe Connect. Stripe initiates payouts to your linked bank account or debit card according to its standard payout schedule (typically two (2) to seven (7) business days after funds are available).

  2. Payout Day. NextName initiates the payout cycle weekly. The specific day may vary based on Stripe’s processing schedule and applicable banking holidays.

  3. Processing Delays. Payouts may be subject to delays due to Stripe verification requirements, fraud review, banking holidays, or other circumstances outside NextName’s control.

  4. Final Payout Upon Termination. Upon termination of this Agreement, any remaining balance shall be paid out within thirty (30) days of the termination effective date, subject to the Minimum Payout Threshold and any pending refunds or chargebacks.

9.2 Minimum Payout Threshold

  1. $10.00 Minimum. Payouts will only be initiated when your available balance reaches a minimum of ten U.S. dollars ($10.00). If your balance is below the minimum threshold, it will carry over to the following payout period.

  2. Threshold Upon Termination. Upon termination of this Agreement, any remaining balance below the minimum payout threshold will be paid out within sixty (60) days, regardless of the minimum threshold, provided the balance is at least one U.S. dollar ($1.00). Balances below $1.00 will be forfeited.

9.3 Currency

All payments, revenue shares, and payouts are denominated in United States dollars (USD). If you are located outside the United States, currency conversion fees charged by Stripe or your bank are your responsibility.

9.4 Refunds and Chargebacks

  1. Refunds. If a fan receives a refund for a subscription, premium content purchase, or tip, the corresponding revenue share amount will be deducted from your future payouts.

  2. Chargebacks. If a fan initiates a chargeback with their payment provider, the disputed amount will be deducted from your future payouts. If the chargeback is resolved in your favor, the amount will be restored.

  3. Negative Balance. If refunds or chargebacks cause your payout balance to become negative, NextName may offset the negative balance against future earnings. NextName will not seek repayment from you for negative balances except in cases of fraud or material breach of this Agreement.

9.5 Tax Reporting

  1. 1099-NEC Reporting. For U.S.-based Athletes who earn six hundred U.S. dollars ($600.00) or more in a calendar year through the Platform, NextName and/or Stripe will issue an IRS Form 1099-NEC (Nonemployee Compensation) by January 31 of the following year, as required by applicable tax law.

  2. Tax Responsibility. You are solely responsible for reporting all income earned through the Platform and paying all applicable federal, state, and local taxes. NextName does not withhold taxes from your payouts unless required by law.

  3. International Athletes. If you are not a U.S. person for tax purposes, Stripe may withhold taxes as required under applicable tax treaties and IRS regulations. You are responsible for claiming any applicable tax treaty benefits through the appropriate W-8 form.

  4. Tax Advice. NextName does not provide tax advice. You are encouraged to consult a qualified tax professional regarding your tax obligations.

9.6 Earnings Transparency

NextName will provide you with access to a real-time earnings dashboard within the Platform that displays:

  1. Gross revenue by source (subscriptions, premium content, tips);

  2. Payment processing fees (Stripe, or Apple for in-app purchases);

  3. Net revenue and your Creator Share;

  4. Payout history and pending payouts; and

  5. Your current Creator Level and composite score.

9.7 Earnings Disputes

  1. If you believe there is an error in your revenue calculations, payout amounts, or Creator Level determination, you may submit a written dispute to [email protected] within thirty (30) days of the transaction or event in question.

  2. Your dispute must include: a description of the alleged error, the relevant transaction or period, and any supporting evidence.

  3. NextName will initiate an audit of the disputed transactions or calculations within ten (10) business days of receiving a complete dispute submission.

  4. If the audit confirms an error, NextName will issue a correction to your account within ten (10) business days of completing the audit.

  5. If the audit does not confirm an error, NextName will provide a written explanation of its findings. You may escalate unresolved disputes through the Dispute Resolution process in Section 14.

10. Non-Exclusivity

10.1 No Exclusivity Requirement

This Agreement is non-exclusive. You are free to create, publish, and monetize content on any other platform, website, social media service, or distribution channel during the term of this Agreement. NextName does not restrict your ability to engage in NIL activities outside the Platform.

10.2 Platform-Specific Content

While you are free to publish content on multiple platforms, you may choose to designate certain content as exclusive to the Platform (e.g., premium content available only to NextName subscribers). Any such exclusivity is at your sole discretion and is not required by this Agreement.

10.3 No Non-Compete

This Agreement does not contain a non-compete clause. Upon termination of this Agreement, you may immediately begin or continue using any competing platform without restriction.

11. Representations and Warranties

11.1 Athlete Representations and Warranties

You represent and warrant that:

  1. Authority. You have the legal capacity and authority to enter into this Agreement and to perform your obligations hereunder. If you are under eighteen (18) years of age, your Guardian has provided valid consent pursuant to Section 2.2;

  2. Eligibility. You meet all eligibility requirements described in Section 2 and will promptly notify NextName of any changes to your eligibility;

  3. Accuracy. All information you provide to NextName, including account information, tax information, and eligibility information, is true, accurate, and complete;

  4. Original Content. All Athlete Content you publish on the Platform is your original work or you have obtained all necessary rights, licenses, and permissions to publish such content on the Platform;

  5. No Infringement. Your Athlete Content does not infringe, misappropriate, or otherwise violate the intellectual property, privacy, publicity, or other rights of any third party;

  6. Compliance. You will comply with all applicable laws, regulations, Governing Body rules, conference rules, and institutional policies in connection with your participation on the Platform;

  7. No Conflicts. Your entry into and performance of this Agreement does not and will not violate or conflict with any other agreement, obligation, or restriction to which you are subject;

  8. Tax Compliance. You will comply with all applicable tax reporting and payment obligations arising from your earnings on the Platform; and

  9. No Fraud. You will not engage in any fraudulent, deceptive, or manipulative activity on the Platform, including but not limited to fake engagement, subscriber fraud, or revenue manipulation.

11.2 NextName Representations and Warranties

NextName represents and warrants that:

  1. Authority. NextName has the legal capacity and authority to enter into this Agreement and to perform its obligations hereunder;

  2. Platform Operation. NextName will use commercially reasonable efforts to maintain the Platform in a functional and accessible state, subject to scheduled maintenance, updates, and circumstances beyond NextName’s reasonable control;

  3. Payment Processing. NextName will use commercially reasonable efforts to ensure that payments are processed accurately and payouts are distributed in accordance with the terms of this Agreement;

  4. Data Protection. NextName will handle your personal information in accordance with its Privacy Policy and applicable data protection laws; and

  5. No Guarantee of Revenue. NextName does not guarantee any minimum level of revenue, subscribers, engagement, or other results from your participation on the Platform.

11.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEXTNAME DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Indemnification

12.1 Athlete Indemnification

You agree to indemnify, defend, and hold harmless NextName, its officers, directors, employees, agents, successors, and assigns (collectively, “NextName Indemnitees”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

  1. Your breach of any representation, warranty, or obligation in this Agreement;

  2. Your Athlete Content, including any claim that your content infringes or violates the rights of any third party;

  3. Your violation of any applicable law, regulation, Governing Body rule, or institutional policy;

  4. Your use of the Platform in a manner not authorized by this Agreement;

  5. Any tax liability, penalty, or interest arising from your failure to comply with applicable tax obligations; and

  6. Any claim by a third party arising from your NIL activity on the Platform.

12.2 Indemnification Cap

Notwithstanding Section 12.1, the Athlete’s total indemnification obligation under this Agreement shall not exceed the greater of (a) two times (2x) the total revenue earned by the Athlete through the Platform in the twelve (12) months preceding the event giving rise to the claim, or (b) ten thousand dollars ($10,000). This cap shall not apply to claims arising from the Athlete’s fraud, willful misconduct, or gross negligence, or to claims arising from NextName’s own negligence.

12.3 NextName Indemnification

NextName agrees to indemnify, defend, and hold harmless you from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

  1. NextName’s breach of any representation, warranty, or obligation in this Agreement;

  2. NextName’s negligent or willful misconduct in operating the Platform;

  3. Any claim that the Platform itself (excluding your Athlete Content) infringes the intellectual property rights of a third party; and

  4. NextName’s failure to process payments or payouts in accordance with the terms of this Agreement, except where such failure is attributable to Stripe, your bank, or circumstances beyond NextName’s reasonable control.

12.4 Limitation of Liability

  1. Cap. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF NEXTNAME SERVICE FEES ACTUALLY PAID OR PAYABLE BY THE ATHLETE (I.E., RETAINED BY NEXTNAME) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

  2. Exclusion of Consequential Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  3. Exceptions. The limitations in this Section 12.4 do not apply to: (i) indemnification obligations under Sections 12.1 and 12.3; (ii) breaches of confidentiality; (iii) willful misconduct or fraud; or (iv) liability that cannot be limited by applicable law.

13. Termination and Offboarding

13.1 Term

This Agreement is effective as of the Effective Date of Acceptance and continues until terminated by either Party in accordance with this Section 13.

13.2 Termination by Athlete

You may terminate this Agreement at any time, for any reason, by providing thirty (30) days’ written notice to NextName at [email protected]. During the notice period:

  1. Your account will remain active, and you may continue to publish content and earn revenue;

  2. You may remove any content you wish to delete before the termination effective date; and

  3. Upon the termination effective date, your account will be transitioned to inactive status.

13.3 Termination by NextName

NextName may terminate this Agreement:

  1. For Convenience. By providing thirty (30) days’ written notice to you at the email address associated with your account;

  2. For Cause. Immediately, without prior notice, if you materially breach any provision of this Agreement, including but not limited to:

  3. Publishing prohibited content as described in Section 7.2;

  1. Engaging in fraud, deception, or revenue manipulation;

  2. Violating applicable laws or Governing Body rules in a manner that creates legal risk for NextName;

  3. Repeated violations of content standards after written warning; or

  4. Providing false or misleading information about your eligibility, identity, or tax status.

  5. Eligibility Change. If you cease to meet the eligibility requirements in Section 2 and NextName determines, in its reasonable discretion, that your account cannot be transitioned to an alternative account type.

13.4 Effect of Termination

Upon the effective date of termination:

  1. Subscriber Access Period. Your existing published content will remain accessible to fans who hold active subscriptions or have purchased premium content for a period of thirty (30) calendar days following the termination effective date (“Subscriber Access Period”). This ensures fans who have paid for access receive the benefit of their purchase.

  2. Revenue During Access Period. You will continue to earn revenue on any transactions that occur during the Subscriber Access Period (e.g., recurring subscription renewals that process during the thirty (30) day window).

  3. Content After Access Period. After the Subscriber Access Period expires, your content will be removed from public view on the Platform. NextName may retain copies for backup, legal, compliance, or dispute resolution purposes, but will not display or distribute the content.

  4. Final Payout. Any remaining balance in your account will be paid out within sixty (60) days of the termination effective date, subject to the minimum payout threshold in Section 9.2 and any pending refunds or chargebacks.

  5. Stripe Connect. Your Stripe Connect account is your own and will not be terminated by NextName. However, NextName will disconnect your Stripe Connect account from the Platform.

  6. Survival. The following Sections survive termination: 6 (Content Ownership and Licensing, with respect to the license for the Subscriber Access Period and retained copies), 11 (Representations and Warranties), 12 (Indemnification), 14 (Dispute Resolution), and 15 (Miscellaneous).

13.5 Data Export

Upon request made during the notice period or within sixty (60) days after termination, NextName will provide you with an export of your data, including:

  1. Your Athlete Content (in its original format, where reasonably available);

  2. Your earnings history and payout records; and

  3. Your subscriber count and engagement analytics (in aggregated form).

Requests may be directed to [email protected].

13.6 Reinstatement

If you wish to reinstate your Athlete account after termination, you may apply by contacting [email protected]. Reinstatement is at NextName’s sole discretion and may require you to complete a new onboarding process. Your previous Creator Level will not automatically be restored.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, the Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement (“Dispute”) through good-faith informal negotiation. The aggrieved Party shall send a written notice describing the Dispute and the relief sought to the other Party (for NextName, to [email protected]; for the Athlete, to the email address on file). The Parties shall have thirty (30) days from receipt of such notice to attempt to resolve the Dispute informally.

14.2 Binding Arbitration

If a Dispute cannot be resolved through informal negotiation within the thirty (30) day period, the Dispute shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, as modified by this Section 14.

  1. Single Arbitrator. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the Parties. If the Parties cannot agree on an arbitrator within fifteen (15) days, the AAA shall appoint one.

  2. Location. The arbitration shall be conducted in Cook County, Illinois, unless the Parties mutually agree to a different location or to virtual proceedings.

  3. Language. The arbitration shall be conducted in English.

  4. Discovery. Discovery shall be limited to documents and information directly relevant to the Dispute. Depositions shall be limited to one (1) per Party unless the arbitrator determines additional depositions are necessary.

  5. Award. The arbitrator’s award shall be final and binding on both Parties. Judgment on the award may be entered in any court of competent jurisdiction.

  6. Costs. Each Party shall bear its own attorneys’ fees and costs, except that the arbitrator may award attorneys’ fees and costs to the prevailing Party if the arbitrator determines that the other Party’s claim or defense was frivolous or brought in bad faith.

  7. Confidentiality. The arbitration proceedings, including the existence of the proceedings, all filings, evidence, and the arbitrator’s award, shall be kept confidential by both Parties, except as required by law or as necessary to enforce the arbitrator’s award.

14.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

14.4 Exceptions to Arbitration

Notwithstanding Section 14.2, either Party may:

  1. Seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information; and

  2. Bring a claim in small claims court if the claim qualifies for small claims jurisdiction.

14.5 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.

14.6 Venue

For any claims not subject to arbitration, the Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Illinois.

15. Miscellaneous

15.1 Entire Agreement

This Agreement, together with the NextName Privacy Policy, Terms of Service, Community Guidelines, and any School-Athlete Affiliation Agreement to which you are a party, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral, between the Parties with respect to such subject matter.

15.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the waiving Party. No failure or delay in exercising any right or remedy shall operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of such right or remedy.

15.4 Assignment

  1. By Athlete. You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder without the prior written consent of NextName.

  2. By NextName. NextName may assign this Agreement, in whole or in part, without your consent, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. NextName will notify you of any such assignment within thirty (30) days.

15.5 Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed effective when sent via email:

15.6 Force Majeure

Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay results from circumstances beyond the Party’s reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics or pandemics, government actions or regulations, internet or telecommunications failures, power outages, third-party service provider failures (including Stripe), and labor disputes.

15.7 Amendments

NextName reserves the right to amend this Agreement by providing thirty (30) days’ written notice to you at the email address associated with your account. Material changes will be highlighted in the notice. Your continued use of the Platform after the effective date of the amendment constitutes your acceptance of the amended terms. If you do not agree to the amended terms, you may terminate this Agreement pursuant to Section 13.2.

15.8 Third-Party Beneficiaries

This Agreement does not create any third-party beneficiary rights, except that the NextName Indemnitees are intended third-party beneficiaries of Section 12.1.

15.9 Headings

The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.

15.10 Counterparts and Electronic Acceptance

This Agreement may be accepted electronically. Your electronic acceptance of this Agreement (including by clicking “I Agree,” creating an Athlete account, or completing Stripe Connect onboarding) constitutes a valid and binding signature equivalent to a handwritten signature.

Contact Information

Purpose Contact
Legal questions [email protected]
NIL compliance [email protected]
Athlete accounts and onboarding [email protected]
General support [email protected]
Website nextname.io

NextName, Inc. An Illinois corporation nextname.io

This Agreement is effective as of May 30, 2026.

Version 1.1.0

© 2026 NextName, Inc. All rights reserved.