NIL Terms & Policy

1. Purpose and Scope

Pulse Technologies Inc. ("Pulse") provides a technology platform connecting student-athletes with commercial brands, sponsors, certified agents, and coaches. These NIL Terms & Policy ("NIL Policy") govern all Name, Image, and Likeness ("NIL") activities, endorsements, sponsorships, campaigns, and commercial agreements conducted through Pulse.

By participating in any NIL opportunity on Pulse, all Athletes, Brands, Agents, and Parents agree to comply with this NIL Policy in addition to Pulse's general Terms of Use and Privacy Policy.

2. Athlete Eligibility and Association Compliance

Student-athletes are solely responsible for ensuring that their NIL activities comply with applicable state laws, institutional policies (university or high school), and governing athletic association rules (including NCAA, NAIA, NJCAA, and state high school athletic association regulations).

Pulse provides automated deal logging and contract generation to assist with disclosure, but does not provide legal advice or guarantee eligibility. Athletes must consult with their school's compliance office or legal counsel when in doubt.

Compensation cannot be contingent on athletic enrollment (recruiting inducements) or athletic performance ('pay-for-play'). All deals must reflect genuine commercial fair market value for publicity and endorsement services.

3. Minor Athlete Protections & Mandatory Parental Consent

Pulse strictly enforces youth safety under the Children's Online Privacy Protection Act (COPPA) and applicable state contract laws:

• Athletes under 18 years of age must have a verified parent or legal guardian linked to their Pulse account.
• All NIL offers, counter-offers, and representation agreements involving a minor must be reviewed and co-signed by the linked parent or legal guardian.
• Direct messaging between adult commercial users and minor athletes is restricted and monitored through parent-accessible channels.
• Parental consent is enforceable via integrated digital signature workflows (DocuSign) before any deal funds are released.

4. Offer Lifecycle and Binding Contracts

Opportunities published on Pulse represent invitations to negotiate. A binding contract is formed only when:

• The Brand and Athlete (or certified Agent on the Athlete's behalf) agree on specific deliverables, compensation, timeline, and IP usage terms.
• The contract is digitally executed by the Brand, the Athlete, and the Parent/Guardian (if the athlete is a minor).
• The Brand funds the required compensation into the Pulse Stripe Escrow account prior to campaign execution.

5. Escrow Funding and Payout Mechanics

To protect athletes and creators, Pulse requires Brands to fully fund agreed NIL deals into an escrow holding account powered by Stripe Connect prior to work commencement.

Deliverable Verification: The Athlete submits proof of completed deliverables (e.g. social media posts, appearance confirmation, video deliverables) through the platform.

Release of Funds: Upon brand confirmation or expiration of the 72-hour review window without dispute, escrow funds are automatically disbursed to the athlete's connected payout account.

Platform Fee: Pulse retains a standard platform technology fee (15%) from commercial transactions to maintain platform infrastructure, escrow security, and contract compliance tools.

6. Prohibited Sponsorship Categories

To protect amateur status and community integrity, the following categories of NIL partnerships are strictly prohibited on Pulse:

• Sports wagering, sports betting, gambling, or daily fantasy sports
• Adult entertainment, sexually explicit content, or escort services
• Tobacco, e-cigarettes, vaping products, and related paraphernalia
• Alcoholic beverages and recreational cannabis products
• Prescription medications, pharmaceuticals, or NCAA-banned performance-enhancing substances
• Weapons, firearms, ammunition, or explosives
• Hate speech, discriminatory organizations, or illegal activities

7. Agent Representation and Commissions

Agents representing athletes on Pulse must hold valid professional certification or state registration where required by law.

Representation agreements must be executed digitally and specify the agreed commission percentage (typically 10% to 20%). Minor athletes require parental co-signature on all representation contracts.

Pulse automatically splits and distributes agent commissions directly from escrow upon successful deal completion.

8. Tax Reporting and Disclosures

NIL income is taxable income. Athletes and agents are independent contractors and are solely responsible for local, state, and federal tax obligations.

Pulse and Stripe collect necessary tax documentation (such as Form W-9) and will issue IRS Form 1099-K / 1099-NEC as required by applicable tax thresholds.

9. Dispute Resolution and Mediation

In the event of unfulfilled deliverables, content discrepancies, or non-compliance, parties should first utilize Pulse's in-app dispute resolution workflow.

Pulse support reserves the right to review submitted deliverables, campaign requirements, and chat audit logs to mediate disputes and determine appropriate escrow distribution.