Correct on all your concerns. The NC2A was caught flat footed as they were on the wrong legal side of the NIL argument. As such, they are still trying to create parameters, after which they have to convince their members to agree to those parameters while the members are running wild.
As to your 2nd point, NIL contracts can and are absolutely tied to performance as performance does impact a player’s NIL value to a company. Ruiz loves the Nigel Pack deal because high and the team’s high level of play. But if UM finished 13-15 and missed all the post season tourneys that contract would have been terrible, and possibly would have resulted in less money for Pack if there were individual and team incentives.
Frankly, I would expect a lot of NIL deals to have performance incentives.