Alice + Olivia is a contemporary fashion brand known for its vibrant, playful designs and flattering silhouettes for women. The brand offers ready-to-wear clothing, accessories, and shoes that blend whimsical prints with modern sophistication. Its bold approach to style inspires confidence and self-expression, making it a favorite among trendsetters and celebrities.
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Alice + Olivia is a New York City-based contemporary clothing company with designer Stacey Bendet at the helm. The global brand launched in 2002, and is now sold in over fifty countries.
Program Description
ABOUT ALICE + OLIVIA BY STACEY BENDET: Launched in 2002, alice + olivia by Stacey Bendet is a sophisticated brand with a playful sensibility, which epitomizes the personality and style of its founder, Stacey Bendet. The brand was born from Staceys personal quest to create a flattering pair of pants, and has since grown into a full womens ready to wear collection, including outerwear, dresses, and the perfect pants that started it all. In the spring of 2008, a childrens line was introduced which currently offers everything from sweaters to jumpers for little ladies. Stacey has also expanded into different categories with a Base Collection for the ultimate layering pieces to the Career Collection for a more modern working woman. In 2011, the alice + olivia by Stacey Bendet shoe line was launched and includes a wide variety of high-fashion yet affordable styles from leather knee-high boots to sparkly Mary Janes. Now a full lifestyle collection, the brand has become a Hollywood favorite with fans including Gwyneth Paltrow, Fergie, Anne Hathaway, Jennifer Lopez, Blake Lively, and Taylor Swift. alice + olivia by Stacey Bendet is available at the brands eight free-standing boutiques in New York (Bryant Park, Madison Ave., Manhasset + Southampton), California (Los Angeles, Malibu + San Francisco), Connecticut (Greenwich), aliceandolivia.com and at over 800 select department and specialty stores worldwide, including Saks Fifth Avenue, Neiman Marcus, Barneys, Bergdorf Goodman, Lane Crawford, Harvey Nichols and Harrods, as well as prominent web retailers including Net-a-Porter and Shopbop.
Alice and Olivia LLC Affiliate
Marketing Program Agreement
This Affiliate Marketing Program Agreement (the "Agreement") contains
the terms and conditions that apply to your participation in the Alice
and
Olivia LLC Affiliate Marketing Program (the "Program").
Please read this Agreement carefully. By participating in the Program,
you
represent that you ("Affiliate" or "you" or
"your") have read, fully understand and agree to the terms of this
Agreement with Alice and Olivia LLC, ("Alice and Olivia LLC" or
"we" or "us" or "our"). In addition, if this
Agreement
is being executed on behalf of a legal entity, you represent and
warrant that
you are authorized to legally bind that entity to this
Agreement. If you
do not agree to these terms, do not participate in the Program.
1. PARTICIPATION
In order to apply for to this Program, you must first sign up as an
affiliate
of eBay Enterprise Affiliate Network Corporation, a Delaware
Corporation
("eBay Enterprise Affiliate Network") and you must agree to eBay
Enterprise Affiliate Networks Publisher Membership Agreement
(the "eBay
Enterprise Affiliate Network Agreement").
You may apply to participate in the Program by providing all the
information
required by eBay Enterprise Affiliate Network in connection with
becoming an eBay
Enterprise Affiliate Network affiliate and by accepting the terms of
this
Agreement. If you apply to the program, we will review your website and
notify
you of your acceptance or rejection into our Program. We reserve the
right to
accept or reject your application in our sole discretion; however we
encourage
you to contact us if you feel we have made an incorrect decision.
Including all
of the websites that you use in your profile will help us make a better
decision. If your application is accepted, you may obtain such
discounts and
affiliate commissions as are offered pursuant to this Program for so
long as
this Agreement is not terminated.
2. WEBSITE GUIDELINES
Your affiliate website(s) ("Your Website") may not:
Infringe on our or any anyone else's intellectual property, publicity,
privacy
or other rights.
Violate any law, rule or regulation.
Contain any content that is threatening, harassing, defamatory,
obscene,
harmful to minors, or contain nudity, pornography or sexually explicit
materials.
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or
other
computer programming routines that are intended to damage, interfere
with,
surreptitiously intercept or expropriate any system, data, or personal
information.
Contain software or use technology that attempts to intercept, divert
or
redirect Internet traffic to or from any other website, or that
potentially
enables the diversion of affiliate commissions from another website.
Mislead customers as to the products or services available on Your
Website or
on the Alice and Olivia LLC website, located at www. aliceandolivia.com
(the
"Alice and Olivia LLC Site").
3. LINKING TO WWW.ALICEANDOLIVIA.COM
Upon acceptance into the Program, links will be made available to you
through
the eBay Enterprise Affiliate Network affiliate website. Your
acceptance in our
Program means you agree to abide by the following.
You will only use linking code obtained from the eBay Enterprise
Affiliate
Network affiliate website without manipulation.
All domains that use your affiliate link must be listed in your
affiliate
profile on the eBay Enterprise Affiliate Network affiliate website.
Affiliates may not advertise our products on websites that they do not
own. For
example, Google Product Search, Amazon, eBay or any comparison shopping
engines
such as Shopzilla or Pricegabber.
Your Website will not in any way copy, resemble, or mirror the look and
feel of
the Alice and Olivia LLC Site. You will also not use any means to
create the
impression that Your Website is the Alice and Olivia LLC Site or any
part of
the Alice and Olivia LLC Site including, without limitation, framing
the Alice
and Olivia Site in any manner.
You may not engage in cookie stuffing or include pop-ups, false or
misleading
links on Your Website. In addition, wherever possible, you will not
attempt to
mask the referring URL information (i.e. the page from where the click
is
originating).
You may not use redirects to bounce a click off of a domain from which
the
click did not originate in order to give the appearance that it came
from that
domain.
You may not create any links that lead the customer to a destination
site that
is not clearly suggested by the content of the starting site. You may
not use
your affiliate links to claim commissions for your own purchases on
Alice and
Olivia LLC.
4. PAY-PER-CLICK ("PPC") GUIDELINES
If you are approved for this Program and utilize PPC advertising, you
must
observe our PPC guidelines. You may not:
Bid on any of our Trademarks, as defined in Section 5, including any
variations
or misspellings thereof for search or content based campaigns on
Google, MSN,
Yahoo! Bing or any other network.
Use our Trademarks in sequence with any other keyword (e.g. Alice and
Olivia Coupons)
Use our Trademarks in your ad title, ad copy, display name or as the
display
URL.
Direct link to the Alice and Olivia LLC Site from any PPC ad or use
redirects
that yield the same result. Affiliates must be directed to an actual
page on
Your Website.
Bid in any manner appearing higher than Alice and Olivia LLC for any
search
term in position 1-5 in any auction style PPC advertising program.
If your PPC campaigns are automated, it is your responsibility to
exclude our
Trademarks from your PPC advertising program and we strongly encourage
you to
add our Trademarks as negative keywords. We have a stringent no
tolerance
policy on PPC trademark bidding. If you engage in PPC trademark bidding
that
uses our Trademarks, your participation in the Program will be
terminated
immediately.
5. TRADEMARKS
Upon acceptance into the Program, Alice and Olivia LLC grants you a
limited,
non-exclusive, revocable, royalty-free right to use the Trademarks of
Alice and
Olivia LLC during the term of this Agreement solely to in connection
with your
participation in the Program, provided that you shall not: (a) use the
Trademarks in any manner to communicate or suggest any sponsorship or
other
connection between Alice and Olivia LLC and you other than your
participation
in the Program, and (b) harm or adversely affect the Trademarks or the
goodwill
associated with the Trademarks. All promotional messaging and materials
used by
you containing such Trademarks shall be subject to Alice and Olivia
LLC's prior
written approval. Except for the limited license provided in this
Agreement, Alice
and Olivia LLC reserves all rights in and to the Trademarks and the
goodwill
associated therewith. All uses of the Trademarks by you shall inure to
the
benefit of Alice and Olivia LLC. You shall not acquire, directly or by
implication, any rights or license in the Trademarks except as
expressly
provided in this Agreement. Your right to use the Trademarks will
terminate
immediately if you violates any of the terms of this Agreement. For
purposes of
this Agreement, "Trademarks" means " Alice and Olivia LLC,"
"clientname.com," the Alice and Olivia LLC logos and such other
names, logos, trade names, trademarks, service marks, trade dress,
design
marks, brands, copyrights in any designs and other copyrightable
subject
matter, and other product identifiers of Alice and Olivia LLC as Alice
and
Olivia LLC may from time to time notify you to be Trademarks within the
meaning
of this Agreement.
6. COUPON GUIDELINES
If you are enrolled in our Program and Your Website promotes coupon
codes, you
must adhere to our Coupon Guidelines as follows:
You may ONLY advertise coupon codes that are provided to you through the Program or that is displayed on the Alice and Olivia LLC site.
You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.
Coupons must be displayed in their entirety with the full offer, valid
expiration date and code.
7. DOMAIN GUIDELINES
Using of any of our Trademarks as part of the domain or sub-domain (for
example
aliceandolivia.website.com or www.aliceandolivia-coupons.com) for Your
Website
is strictly prohibited.
8. ADVERTISING
Upon acceptance into the Program, Alice and Olivia LLC grants to you a
nonexclusive, nontransferable license (the "License") to use certain
banner advertisements, button links, text links, and/or other graphic
or
textual material (the "Promotional Materials") for display and use on
Your Website. The term of the License shall expire upon the expiration
or
termination of this Agreement. You may not subcontract, assign, resell,
lease,
or sublicense any part of your participation in the Program or run a
sub-affiliate program. Alice and Olivia LLC may make Promotional
Materials
available to you to display and use on Your Website provided that the
manner of
display complies with the following requirements:
You may only use the Promotional Materials to promote the Alice and
Olivia LLC Site
(and the products available thereon), and for linking to the Alice and
Olivia
LLC Site. You shall use only such links to the Alice and Olivia LLC
Site as are
provided to you by Alice and Olivia LLC.
You shall not alter, add to, subtract from, or otherwise modify the
Promotional
Materials as they are prepared by Alice and Olivia LLC without consent
from Alice
and Olivia LLC. If you wish to alter or otherwise modify the
Promotional
Materials, you must obtain prior written consent from Alice and Olivia
LLC for
such alteration of modification.
9. REVERSALS & COMMUNICATION
Alice and Olivia LLC reserves the right to reverse orders due to order
cancellations, duplicate tracking, returns, disputed charges, and
violations of
the Program as defined in this Agreement.
Additionally, if we ask you for clarification or more information on
any orders
or clicks that we suspect may be in violation of this Agreement, we
expect a
response from you within 72 hours or your participation will be
suspended.
Below are violations of this communication policy.
You are not forthcoming, intentionally vague or are found to be lying.
You are not responsive within a reasonable time period and after
multiple
attempts to contact with information listed in your network profile.
You cannot substantiate or validate the source of your traffic to our
Program
with clear and demonstrable proof.
We reserve the right to reverse orders, set your commission to 0% or
suspend
you from the Program for the period or orders in question if any of the
above
applies. We understand many violations are a result of automated
processes;
however it is incumbent upon you to ensure that you have the
appropriate
measurements and processes in place to address these issues.
10. INTELLECTUAL PROPERTY
Alice and Olivia LLC retains all right, title, ownership, and interest
in the
Promotional Materials and Trademarks, including any and all copyright,
trademark, or other intellectual property rights therein. Nothing in
this
Agreement shall be construed to grant you any right, title or ownership
in the
Promotional Materials, or in the underlying intellectual property,
other than
the right to use the Promotional Materials in accordance with the
License, as
set forth in Section 8.
11. RELATIONSHIP OF PARTIES
This Agreement shall not be construed to create any employment
relationship,
agency relationship, or partnership between Alice and Olivia LLC and
you. You
shall provide services for Alice and Olivia LLC as an independent
contractor.
You shall have no authority to bind Alice and Olivia LLC to any
agreement, nor
shall you be considered to be an agent of Alice and Olivia LLC in any
respect.
12. NON-CIRCUMVENT
You shall not circumvent or attempt to circumvent Blue Moon Digital,
and agree
not to directly solicit relationships with Blue Moon Digital's clients.
You
agree not to solicit, contact, recruit, or encourage, directly or
indirectly,
any client that has a proprietary relationship with Blue Moon Digital
for the
purpose of Affiliate Marketing including Alice and Olivia LLC. However,
both
parties can agree to allow any relationship such that the paragraph of
this
agreement to not apply. Failure to comply with this section may, at our
discretion, result in termination of your participation in the program.
13. AFFILIATE COMMISSIONS
Upon acceptance into the Program, you will be eligible to receive an
affiliate
commission (the "Commission") for the successful completion of
Eligible Purchases. An "Eligible Purchase" occurs when a customer
(not you) clicks-through the link (supplied by Alice and Olivia LLC to
you) to
the Alice and Olivia LLC Site and successfully completes a purchase for
which Alice
and Olivia LLC receives and retains payment. To be an Eligible
Purchase, the
sale must be completed by a customer that is physically located in the
United
States. The current rates of Commission shall be set forth in your eBay
Enterprise Affiliate Network affiliate program located on the eBay
Enterprise
Affiliate Network affiliate website. Alice and Olivia LLC reserves the
right to
modify the Commission rate from time to time, in its sole discretion.
Alice and
Olivia LLC is responsible for authorizing Commission payments and eBay
Enterprise Affiliate Network will be solely responsible for fulfilling
and
transferring all Commission payments in accordance with the eBay
Enterprise
Affiliate Network Agreement. Alice and Olivia LLC will be entitled to
withhold,
deduct and set off from any payments to be made to you hereunder any
sums owed
by you to Alice and Olivia LLC, whether in connection with this
Agreement
(including any breach hereof by you) or otherwise.
14. AFFILIATE STATE LIMITATIONS
Due to local state tax laws, we unfortunately are not accepting
affiliates
residing in Arkansas (AR), Georgia (GA), Kansas (KS), Minnesota (MN),
North
Carolina (NC), Pennsylvania (PA), Rhode Island (RI), Maine (ME, or
Missouri
(MO). If at any time following your enrollment in the Program you
become a
resident of Arkansas (AR), Georgia (GA), Kansas (KS), Minnesota (MN),
North
Carolina (NC), Pennsylvania (PA), Rhode Island (RI), Maine (ME, or
Missouri
(MO) you will become ineligible to participate in the Program and your
participation in the Program will automatically terminate, on the date
you
establish residency in that State. In addition, you must promptly
notify us in
writing of your Arkansas (AR), Georgia (GA), Kansas (KS), Minnesota
(MN), North
Carolina (NC), Pennsylvania (PA), Rhode Island (RI), Maine (ME, or
Missouri
(MO) residency, which you may do via the eBay Enterprise Affiliate
Network
Affiliate Website.
15.
DISCLAIMER
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED
TOTHE
PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO
CIRCUMSTANCES SHALL ALICE AND OLIVIA LLC BE LIABLE TO YOU UNDER THESE
TERMS, UNDER
ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE
THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR
EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT
LIMITATION, LOSS
OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS
ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN
IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ALICE AND
OLIVIA
LLCS LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR
RELATED TO THE
PROGRAM OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE,
STRICT
LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL
COMMISSION
FEES PAID TO YOU UNDER THIS AGREEMENT. ALICE AND OLIVIA LLC DOES NOT
WARRANT OR
GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS,
PROGRAMS
AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTY
WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN IMPORTANT PART
OF THE
BASIS OF THIS AGREEMENT, WITHOUT WHICH ALICE AND OLIVIA LLC WOULD NOT
HAVE
ENTERED INTO THIS AGREEMENT. ALICE AND OLIVIA LLC DISCLAIMS ALL
WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY LAW),
REGARDING THE
PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT
LIMITED TO,
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND
NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT,
INCLUDING,
WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE,
OR
PERFORMANCE OF THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS SHALL
BE DEEMED
A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF ALICE AND
OLIVIA
LLC WHATSOEVER.
16. INDEMNIFICATION
YOU SHALL INDEMNIFY AND HOLD HARMLESS ALICE AND OLIVIA LLC FROM ANY
CLAIM,
DAMAGE, LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY
WRONGFUL ACT
RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH
OF THIS
AGREEMENT. YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS ALICE AND OLIVIA
LLC FROM
ANY DAMAGE, LOSS OR OTHER COST ARISING OUT OF THE USE OR MISUSE BY YOU
OF THE
TRADEMARKS OR PROMOTIONAL MATERIALS.
17. CONFIDENTIALITY
Any information that you are exposed to by virtue of your participation
in the
Program, which information is not available to the general public,
shall be
considered to be "Confidential Information." You may not disclose any
Confidential Information to any person or entity, except where
compelled by
law, unless you obtain prior written consent for such disclosure from
Alice and
Olivia LLC. You shall not use any Confidential Information except to
the extent
necessary to fulfill the purposes of this Agreement.
18. TERMINATION
Your participation in the Program shall begin upon your acceptance as
an
affiliate by Alice and Olivia LLC and shall end when terminated by
either
party. Either party may terminate such status at any time, with or
without
cause. Upon termination, all licenses granted to you pursuant to the
Program
shall cease and you shall use best efforts to immediately remove all
codes and
links, references on Your Website regarding Alice and Olivia LLC, and
cease any
and all use of Promotional Materials, Trademarks or any other trade or
service
marks, trade names or any other items received through or used in
connection
with such Program. Subject to Section 13, upon the termination of your
participation in the Program for any reason, you will be entitled to
receive
Commissions only on Eligible Purchases that occurred prior to such
termination. Alice and Olivia LLC reserves the right to
terminate the
Program at any time upon notice to you.
19. MODIFICATION
We may modify these terms and conditions at any time, at our sole
discretion.
If you disagree with any modification, your only recourse is to
terminate this
Agreement. You agree that, if you continue to participate in the
Program
following a posted modification, your continued participation
represents
acceptance of the revised term.
20. COMPLIANCE
In connection with your participation in this Program, you will comply
with all
applicable laws, rules and regulations, including but not limited to
the
following laws, rules and regulations governing marketing and
promotions:
The CAN-SPAM Act of 2003
Section 5 of the FTC Act
The FTC's disclosure rules regarding endorsements
To comply with the FTC's disclosure rules regarding endorsements, you
shall
include a disclosure statement within any and all pages/posts where
affiliate
links for the Program are posted as an endorsement or review, and where
it is
not clear that the link is a paid advertisement. This disclosure
statement
should be clear and concise, stating that we are compensating you for
your
review or endorsement. If you received the product for free from us or
from our
designated affiliate management team for review, this also must be
clearly
stated in your disclosure.
21. JURISDICTION
This Agreement is governed by the laws of the State of New York,
without regard
to its choice of law principles. You hereby irrevocably consent to
jurisdiction
of the state and federal courts located in the State of New York with
respect
to any proceeding regarding this Agreement. You will not prosecute any
action,
suit, proceeding or claim arising under or by reason of this Agreement
except
in such courts.
22. GENERAL
a) Severability. If any provision of this Agreement is held by a court
of
competent jurisdiction to be invalid, illegal, or unenforceable, the
remainder
of this Agreement will remain in full force and effect. b) Assignment.
You may
not assign this Agreement or any of its rights under this Agreement
without the
prior written consent of Alice and Olivia LLC and any attempted
assignment
without such consent shall be void. Subject to the foregoing
restriction, this
Agreement will be fully binding upon, inure to the benefit of, and be
enforceable by us and our respective successors and assigns.
c)
Non-waiver. Any failure by Alice and Olivia LLC to insist upon or
enforce
performance by you of any of the provisions of this Agreement or to
exercise
any rights or remedies under this Agreement or otherwise bylaw will not
be
construed as a waiver or relinquishment of any right to assert or rely
upon the
provision, right or remedy in that or any other instance; rather, the
provision, right or remedy will be and remain in full force and effect.
d) Relation to Other Agreements. In the event of any conflict or in
consistency
between this Agreement and the eBay Enterprise Affiliate Network
Agreement, the
provisions of this Agreement shall prevail.
e) Entire Agreement. This Agreement sets forth our entire agreement
with respect
to your participation in the Program.