; and (B) may be recruited by an institution of higher education. (14) Third party The term third party means an individual or entity other than an institution of higher education or an intercollegiate athletic association. 3. Athlete rights to market name, image, and likeness (a) Right To market use of name, image, and likeness (1) In general An institution of higher education or intercollegiate athletic association may not enact or enforce any rule, requirement, standard, or other limitation that prevents college athletes or prospective college athletes, individually or as a group, from marketing the use of their names, images, or likenesses. (2) Collusion An institution of higher education may not coordinate with any other institution of higher education or third party to impose a limitation on the amount of payment offered to a college athlete, prospective college athlete, or group of college athletes or prospective college athletes under a contract for the use of the name, image, or likeness of the college athlete, prospective college athlete, or group of college athletes or prospective college athletes, unless such a limitation is the result of negotiations with a collective representative. (3) Right to collective representation An institution of higher education or intercollegiate athletic association may not enact or enforce any rule, requirement, standard, or other limitation, or engage in conduct that prevents college athletes from forming or recognizing, or interferes with such formation or recognition of, a collective representative— (A) to facilitate contracts for the use of the name, image, or likeness of college athletes, or group licensing agreements