We are glad that you have decided to join our affiliate program. Review our policies thoroughly and often. If you have questions, please click on the link to contact us or email This email address is being protected from spambots. You need JavaScript enabled to view it..

(PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. YOU MAY ALSO PRINT IT FOR YOUR RECORDS.)
BY APPLYING TO BE AN AFFILIATE YOU ARE REPRESENTING THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND UNDERSTAND THE TERMS AND CONDITIONS TO WHICH YOU ARE AGREEING. YOU WILL BE LEGALLY RESPONSIBLE FOR ABIDING BY THE TERMS OF THIS AGREEMENT.


I. Overview
This agreement contains the terms and conditions of our Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the NicoleandMadeline.com web site. In this Agreement, "we," "us," and "our" refer to NicoleandMadeline.com, and "you," "your," and "yours" refer to you, the affiliate.

II. Your Obligations
a. The first step to becoming a Nicole and Madeline affiliate is to complete the online application. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder. We reserve the right to reject any application for any reason, and we may cancel your application at any time during the evaluation process for any reason. Some of the reasons that we may determine that your website is not well suited for our program may include, but are not limited to, the following.
• Contains any sexually explicit materials.
• Contains materials that advocate violence, or are violent in nature.
• Discriminates, or contains materials that advocate discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Engages in or otherwise promotes illegal activities, or is unlawful, obscene, defamatory, harmful, harassing, threatening or otherwise objectionable. Whether or not your website is any of these things for the purposes of this application is at our discretion.
• Infringes on any copyright, trademark or other intellectual property rights of others.
• Uses "Nicole and Madeline," “Madeline and Nicole” or variations, alterations, or misspellings of our business name in the URL or domain name.
• Is designed or created to resemble Nicole and Madeline.com and/or implies that your business is affiliated with, owned by, operated by, in partnership with, or otherwise connected to NicoleandMadeline.com.
• Contains software that diverts commissions from other affiliates, generates false clicks, impressions, or affiliate tags.
b. Affiliates may not create or design websites that resemble NicoleandMadeline.com and in any way represent that they are NicoleandMadeline.com.
c. Click here to begin the application process. We evaluate the applications and accept or reject within 7 days. We reevaluate applications and links periodically, and may cancel affiliate agreements based on that reevaluation.
d. If you are accepted as an affiliate, you will be able to review your transactions upon logging in to NicoleandMadeline.com . You will also have access to banners and HTML code with tracking codes. It is your responsibility to properly embed banners and add the HTML to your website in order for you to get credit. You must use the HTML code that we provide so that we can accurately track visits to our site from your website and social media accounts.
e. NicoleandMadeline.com may review how our links and images are being used, and require changes to placement or use so that your website is in compliance with our guidelines.
f. You are responsible for maintaining your website and making sure that your links are active and up to date. We may monitor your website and notify you if any changes are required in order for you to continue as a Nicole and Madeline affiliate.
g. Express permission is required in order to use anyone’s copyrighted work including images, text, or any other material that may be copyrighted. Nicole and Madeline is not responsible for your use of copyrighted material or other intellectual property that violates the law or anyone’s rights to that material as a third party.

III. Our Obligations
a. From time to time, we may check to see if you are in compliance with the terms of conditions of the affiliate agreement. If we notify you of changes that must be made in order to remain in our affiliate program. If you choose not to make the changes to your site that we have notified you must be made, we may, at our discretion, terminate your participation in our affiliate program.
b. Nicole and Madeline reserves the right to immediately discontinue your participation in the affiliate program and to terminate this agreement without notice if there is any abuse or fraud detected during the use of this affiliate program. Nicole and Madeline will not be liable for payment of any commissions on fraudulent sales.

IV. Termination
Either party may end this agreement at any time for any reason, with or without cause, with written notice in the form of mail, email, or fax. This agreement terminates immediately if any part of it is breached by you, the affiliate program member.

V. Modification
The terms and conditions of this agreement may be modified or changes at any time at our discretion. We also reserve the right to discontinue the program at any time. If we take any such actions, we will notify you by email. We may modify the following, but not limited to, changes in payment procedures and commission rates. You may end this agreement if any changes to the terms and conditions are not acceptable to you. This is your only option if you do not agree to the changes. If you continue to participate in the program after the changes have been posted on our site, you are have agreed to the changes.

VI. Payment
Nicole and Madeline uses Paypal to handle payments. We do not disburse funds in any other way. You must create an account at Paypal.com to receive payments.

VII. How to access your affiliate account
A representative will create your account, and give you a password. Please change your password every thirty days. We reserve the right to change your password if we find unusual activity on your account.

VIII. Promotion Restrictions
a. We prohibit certain forms of advertising including:
• Spam
• Unsolicited email
• Posting links to forums and groups in violation of the forum or group’s policies.
• Posting in many groups or forums at once.
• Email that does not include an opt-out link.
• Email to purchased lists. You may only send or links in emails to subscribers or customers of your website.
• Posting in groups that do not allow commercial messages.
b. It must be clear to anyone viewing your message that your website and your business are independent from Nicole and Madeline. If during our evaluation of your affiliate activity, we find that you are spamming or using otherwise prohibited forms of advertising, we may terminate this agreement immediately and end your participation in the program. Pending payments will not be paid if your account is terminated because of spam or other prohibited advertising or solicitation practices.
c. Affiliates must not use as keywords or bid in their Pay-Per-Click campaigns on keywords such as Nicole and madeline, Nicole, madeline, nicoleandmadeline.com and/or any misspellings or terms as these, separately or with other keywords. Affiliates that do this will be contacted, and notified that their account will be terminated.
d. Affiliates will be terminated if their sites use:
• deceptive popups
• pop-unders
• redirects, to direct customers to sites that they are unaware that they are visiting
• redirect customers to other websites after they have clicked on the affiliate link
• content scraping
• email poaching
• any type of deceptive marketing
• overwrite of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email
• intercepts searches to redirect traffic causing pop ups
• software that causes commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search in any search engine
• practices and programming that set commission tracking cookies through loading of Nicole and Madeline’s website in a frame
• embedding to include hidden links and automatic pop ups that open NicoleandMadeline.com.
• targeting to identify text on web sites, other than those web sites 100% owned by the affiliate, in order to employ contextual marketing;
• code that removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the afiliate.

IX. Grant of Licenses
a. You are allowed to access our website through those links provided and by no other means. The affiliate possesses a non-exclusive, non-transferable, revocable right to use our copyrighted banners as they are presented with no alterations or modifications. You may only use these images, and no others found on the website for any purpose including but not limited to creating your own advertising. The affiliate may use the licensed materials as long as they are in good standing and a member of the affiliate program. The materials may only be used in connection with this affiliate agreement and may only be linked to NicoleandMadeline.com for the sole benefit of Nicole and Madeline.
b. No title, right, or interest is transferred with the granting of the license to use copyrighted or proprietary material.

X. Disclaimer
Nicoleandmadeline.com makes no express or implied representations or warranties regarding nicoleandmadeline.com service and website or the products or services provided therein, any implied warranties of nicoleandmadeline.com’s ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. We make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.

XI. Warranties and Representations
The affiliate represents and warrants that:
• This Agreement has been executed and delivered by the affiliate and constitutes a legally binding, enforceable obligation
• You are authorized with the full right and power to enter into and be bound by the terms and conditions of this Agreement.
• You are able to perform your obligations under this Agreement, without the consent, authorization, or approval of any third party.

XII. Limitations of Liability
Nicole and Madeline is not liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been notified of the possibility of such damages. In no event shall nicoleandmadeline.com's cumulative liability to you arising out of or related to this agreement exceed the total commission fees paid to you under this agreement, notwithstanding anything to the contrary contained in this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory.

XIII. Indemnification
You agree to indemnify and hold harmless NicoleandMadeline.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:
a. Any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
b. Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.
c. Any claim related to your site, including, without limitation, content therein not attributable to us.

XIV. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during the effective term of this Agreement which is marked "Confidential," will remain the property of the disclosing party, kept in confidence by each party, and not used or disclosed without express written permission of the disclosing party.

XV. Miscellaneous
a. You understand and agree that you are an independent contractor. No part of this agreement creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Nicole and Madeline.
b. You understand and agree that you have no authority to make or accept any offers or representations on behalf of Nicole and Madeline.
c. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who acquires all or a substantial portion of the business or assets of a third party. Either party may terminate this agreement with written notice upon such transfer of ownership.
d. This Agreement shall be governed by and interpreted in accordance with the laws of the Washington, DC.
e. This agreement may not be amended by you nor may any provision of it be waived unless agreed upon in writing and signed by both parties.
f. This represents the entire agreement between Nicole and Madeline and you, the affiliate and or applicant, and shall supersede all prior agreements and communications of the parties, oral or written.
g. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
h. Should any provision of this Agreement is held to be invalid or unenforceable, that only that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated. The remainder of this agreement will remain in force and have full effect.

Don't miss our sales, resales, and new fabric for custom designs. Subscribe!

* indicates required
 

 

Email: shop (at) nicoleandmadeline.com

Phone: (681) 44-DRESS | (681) 443-7377

Shipping and Returns

Terms of Service

Privacy