Frequently Asked Questions
The Collective’s Purpose is to make a lasting impact on individuals who represent the Black and Gold within our community. An impact that will enhance their student athlete experience, create opportunities for them and retain our student athletes for the long term. To The Top Collective allows us to be stronger together, providing the platform through which all alumni and supporters of Southern Miss may quickly and effortlessly contribute to this cause.
To The Top Collective enters into Name-Image-Likeness Agreements (“NIL Agreements”) with Southern Miss student-athletes. Under the NIL Agreement and in return for compensation, a student-athlete licenses his or her publicity rights to, To The Top Collective, and To The Top Collective utilizes the publicity rights by promoting the student-athlete on this website, at events, and through digital media. Compensation is paid in semester installments to student-athletes, and to minimize tax issues for the student-athletes, To The Top Collective makes estimated tax payments on behalf of the student-athletes to federal and state taxing authorities during the term of each student-athletes NIL Agreement.
The Mississippi Intercollegiate Athletics Compensation Rights Act (effective July 1, 2021, amended April 18, 2022) legally authorizes the activities of To The Top Collective. Under the Act, individuals or entities acting independently or “collectively” may compensate a student-athlete for license of his or her publicity rights. The Act prohibits regulatory bodies, such as the NCAA, from infringing upon the student-athlete’s right to receive NIL compensation and bars the NCAA from penalizing Southern Miss and its athletic programs for any activities which are permitted by the Act.
To The Top Collective is a Mississippi limited liability company in good standing. Owned and Operated by Peter Boehme.
Yes. All of To The Top Collective’s NIL Agreements with student-athletes are non-exclusive, which means that a student-athlete may enter into additional NIL Agreements with other businesses or third parties.
No. The contract amounts vary based on the specific student-athlete and the value of his or her publicity rights.
Most NIL Agreements entered into by To The Top Collective are limited in time and scope to provide protection of funds in the event of unforeseen circumstances. In addition, under the Mississippi Intercollegiate Athletics Compensation Rights Act, all NIL Agreements entered into by To The Top Collective must terminate on the date that the student-athlete ceases participation in intercollegiate athletics at Southern Miss.
Between 85-90%. The goal is to keep To The Top Collective’s overhead costs very low, since much of the work to establish it, including necessary legal work and costs related to engagement with Southern Miss student-athletes and third parties, is being done pro bono. In order to continually service its student-athletes, To The Top Collective incurs expenses for accounting; website maintenance and hosting; content creation; credit/debit card transactional fees; fan-player events; and other routine costs associated with operating a web-based NIL collective. To The Top Collective will always be supported by the contributions of individuals who will continue to freely donate their time and effort.
No. Under the Mississippi Intercollegiate Athletics Compensation Rights Act, a NIL program must be a separate legal entity from a university – the Act prohibits universities from being parties to NIL Agreements entered into with a student-athletes. However, the Act specifically allows communication between Southern Miss and To The Top Collective and expressly authorizes Southern Miss to facilitate engagement between student-athletes and To The Top Collective.
Yes. To The Top Collective can work with you to arrange specific NIL Agreements or NIL transactions with specific student-athletes.
No. To The Top Collective is not a 501(c)(3) entity to which non-advertising contributions are tax deductible. In the event that developments indicate a Mississippi NIL program may function as a charitable entity, To The Top Collective may add charitable features to its program.