That's a challenge but not totally insurmountable.

I am not interested in the NCAA becoming the arbiter of who is and isn't allowed to make bad decisions for bona fide market reasons. But there can be reporting requirements for the amount of compensation and nature of the work performed. It could also require having to show actual work performed by the athlete/promotion by the entity of the relationship that exploits the NIL. Students regularly have reporting requirements for internships. The disclosure itself will disincentivize a company from making deals that he knows the market would consider to be wasteful. Alternately, if they believe they are getting market value out of the relationship (increase business with alumni, etc.), they will want to promote it. The reporting itself will allow compliance folks to see outlandish amounts that warrant further scrutiny. These are duties that the NCAA has long performed when analyzing whether employment is bona fide or not.