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Affiliate Terms and Conditions

Benham Design Concepts, LLC Affiliate Agreement

This Affiliate Program Agreement (“Agreement”) contains the complete terms and conditions that apply to an individual’s or entity’s participation in Benham Design Concepts, LLC Affiliate Program.  As used in this agreement, “we”,”our”, and” Brian Benham” mean Benham Design Concepts LLC, “you” or “your” means the participating Web affiliate, individual, and/or corporation applying for the program. “Our site” refers to www.BenhamDesignConcepts, and “your site” refers to the site entered in the website address field of the affiliate application. “Site” means a World Wide Web site.

AFFILIATE COMMISION SCHEDULE

  • Commision are earned on in-stock products purchased through https://www.benhamdesignconcepts.com/shop/
  • Commision are earned on Made To Order Products purchased through https://www.benhamdesignconcepts.com/shop/
  • Commision are earned on a custom order request made through your dedicated landing page  https://www.benhamdesignconcepts.com/your-brand/
    • Note: The software does not track custom orders, so they have to use the contact form on your landing page to get credit for the sale.
    • Commissions on custom orders are rewarded only if the client purchases the quote within 90 days.
      • Commissions on custom orders are paid per the usual schedule after the client pays the final balance due.
  • No commissions available on:
    • Custom Orders that do not originate from your dedicated landing page /your-brand/
    • Returned Products/Cancelations
    • Purchases made through fraudulent payment types/charge backs
    • Taxes, shipping, and other similar associated charges
    • Consulting fees
    • Personal purchases
    • Purchases through Wholesale and Trade Accounts
    • Purchases not paid in full (once qualified purchases are paid in full, they will become eligible for commissions)
    • Other restrictions may apply

TRACKING COOKIES

  • 30 Day tracking cookie with the last click rewarded
    • Commissions will be paid if the customer purchases within 30 days of clicking your link.
    • Last click rewarded.  If a customer clicks on your link and does not buy, but then goes to someone else’s website and clicks on that person’s link and buys, the commission is awarded to that person.  The freshest link clicked gets the commision i.e “Last click rewarded.”
    • The cookie must still be active to track your commision.  If the customer clears their browser cookies or rejects all cookies upon visiting the website, we have no way of tracking their purchases, so no commissions will be paid on those orders. See section (2. Links) for more informations
    • Custom orders do not have tracking cookies and are tracked manually through your dedicated landing page.

TERMS AND CONDITIONS

1. Enrollment in the Program. You should not apply to participate in the Program if the website you wish to link to www.benhamdesignconcepts(i)promotes illegal activities, sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or (ii) is not yet operational.  Once you are enrolled in the program, you will be able to participate in the Program subject to the terms and conditions of the Agreement. Benham Design Concepts, LLC has the right in its sole and absolute discretion to reject your application or terminate your participation in the Program for any reason without notice and has no obligation to provide a reason why. If you have multiple URLs or websites, you are required to notify Benham Design Concepts, LLC of each site.

2. Links. Only the links that have been expressly provided to you by our site and Affiliate program will be used for the purpose of determining commissions that you may be eligible to receive for participating in the Program. The images and links we provide contain the appropriate code to track your referrals. If this code is altered, it may not contain the necessary tracking information, and Benham Design Concepts, LLC will not be obligated to pay commissions on sales resulting from those links. In order for accurate tracking, the customer’s browser settings must allow cookies to be installed; if not, Benham Design Concepts, LLC will not be obligated to pay commissions on sales resulting from those links without cookies being installed.

3. Affiliate Responsibilities. You are solely responsible for the development, maintenance, and operation of your Site and for all materials that appear on your Site. We disclaim all liability for such materials. You shall indemnify and hold us harmless for all claims, damages, and expenses (including, without limitation, attorney’s fees) relating to the development, operations, maintenance, and contents of your Site, your outbound emails, and social media posts.

You are responsible for notifying Benham Design Concepts, LLC of any malfunctioning of the Links or any other problems with regard to your participation in the Program.

1. Affiliate Prohibitions.
a) You will not include Benham Design Concepts, LLC, product names, logos, trademarks, service marks, trade dress, affiliate links, or copyrights (“Property”) on any website, newsletter, or social media account that promotes illegal activities, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
b) You will not purchase or operate any domain name that includes a registered trademark owned by Benham Design Concepts, LLC, or any deliberate variation or misspelling thereof.
c) You will not purchase advertising for keywords containing Benham Design Concepts, LLC brand name within any search engine, or any variation or misspelling of these terms. Benham Design Concepts, LLC reserves the right to include additional keywords on the exclusion list either by notice through an amendment to this agreement or by email.
d) You will not use any Program link or Advertisement to link to any page other than the URL’s inside the www.benhamdesignconcepts.com domain.
f) You will not use our Property in any press release or print advertisement without obtaining our prior written consent.
g) You will not pass on the commission earned by being an affiliate of Benham Design Concepts, LLC as a discount or rebate to your customers or members without obtaining our prior written consent.
h) You will not use your Links to purchase our site products for resale or commercial use.  (If you would like to resell our products, you may apply for a wholesale/trade account.)
i) You will not submit or encourage others to submit orders to Benham Design Concepts, LLC in bad faith, such as (but not limited to) placing orders with the intent to return merchandise.
j) You will not attempt to access any area of our Website for which access is not granted.
k) You will not include our Property within invisible source code.
l) You will not wrap or frame our Site in any manner without our prior written consent.

1. Our Responsibilities.  Benham Design Concepts, LLC will provide affiliates with instructions, materials, and links necessary to participate in our Affiliate Program. Via www.BenhamDesignConcepts.com Member’s Affiliate Dashboard, you will have access to reports and information regarding your program activity. Benham Design Concepts, LLC agrees to compensate Affiliates as per the compensation clause of Benham Design Concepts, LLC Affiliate Agreement. Benham Design Concepts, LLC shall be solely responsible for all aspects of order processing and customer service under this agreement. We shall be solely responsible for operating, maintaining, and managing the content of www.benhamdesignconcepts.com site.

2. Compensation. Benham Design Concepts, LLC agrees to pay Affiliates a percentage of net product sales generated by customers referred to www.benhamdesignconcepts.com through approved links on your approved affiliate website(s). As used herein, net product sales shall mean total revenue collected on merchandise ordered from purchases on www.benhamdesignconcepts.com/shop in accordance with the terms of the Program, less all taxes, shipping and handling charges, cancellations, returns, fraudulent transactions, charge backs, and other similar charges.  See above (AFFILIATE COMMISION SCHEDULE) for items.

b)Payouts; earned commissions are subject to bank transfer fees.  Fees will be deducted from your compensation by the bank(s) facilitating the transfer.
Purchases of Gift Cards, Gift Certificates, and Virtual Merchandise Certificates are not eligible to earn commission.
Purchases fulfilled by 3rd party vendors/suppliers are not eligible to earn commission.  (example: T-spring, Red Bubble, Etsy, or project plans and education content hosted on other websites)
For a product sale to be eligible for commission, the customer must have followed an approved affiliate link to Our Site from yours that is trackable by the placement of cookies, purchased the merchandise via our online system, and paid for the product in full.

Affiliates are not entitled to any commissions based upon practices in violation of Section 4 Prohibitions.
Benham Design Concepts, LLC reserves the right to exclude products from program eligibility in the future, with notice provided to Affiliates in a non-commissionable product addendum to this agreement.

Commissions will be paid monthly on the 15th, approximately, Net forty-five (45) days after the end of each calendar month. Example: commissions earned in January  (Jan. 1st through the 31st) will be paid on March 15th.

1. Ownership and Licenses.  Each party owns and shall retain all right, title, and interest in its names, logos, trademarks, service marks, trade dress, copyrights, and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, copyrights, and proprietary technology currently used or which may be developed and/or used by it in the future.
Benham Design Concepts, LLC grants you a revocable, non-exclusive, worldwide license to use, reproduce and transmit the Benham Design Concepts, LLC name, graphics, logos, text, trademarks, service marks, and proprietary technology, as designated in this Agreement, solely for the purpose of creating links from your Site, marketing emails, and social media post to www.benhamdesignconcepts  Except as expressly set forth in this Agreement or permitted by applicable law, you may not alter, copy, distribute, modify, reverse engineer, or create derivative works from the same. You may not sublicense, assign, or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment, or transfer is void.

1. Termination. Either party may terminate this Agreement at any time, for any reason, by providing written notice via letter, fax, or e-mail to the other party. In addition, Benham Design Concepts, LLC shall be entitled to terminate this Agreement immediately if you breach or violate any terms or conditions of this Agreement. All rights to payment, causes of action, and any provisions which by their terms are intended to survive termination shall survive termination of this Agreement.
Upon termination of this Agreement, you will immediately cease use of, and remove from your Site, all Links to our Site, and all Benham Design Concepts, LLC Property provided by us to you pursuant hereto or in connection with the Program. You are only eligible to earn commissions on sales occurring during the term of this Agreement, and commissions earned through the date of termination will remain payable only if the related sales are not canceled or returned by a Customer. In addition, we may invoice you for commissions that were paid to you prior to termination if those commissions related to sales that are subsequently canceled or returned by a Customer. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

1. Representations. You represent and warrant that (a) you have the authority to enter into this Agreement and sufficient rights to grant any licenses expressed herein, and (b) any material which is provided to us or displayed on your Site will not will (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) violate any laws regarding unfair competition, anti-discrimination or false advertising; (v) promote violence or contain hate speech; or (vii) contain viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines.
NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BENHAM DESIGN CONCEPTS, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM OR THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND WE WILL NOT BE RESPONSIBLE FOR CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

1. Cross-Indemnification. Each party hereby agrees to indemnify, defend and hold harmless the other party and its directors, officers, and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) and penalties and fines brought by a third party, arising out of a breach, or alleged breach, of any of its representations, prohibitions, or obligations herein.

2. Limitation of Liability. In no event shall either party be liable to the other party for any direct, indirect, special, exemplary, consequential or incidental damages of the other party, even if informed of the possibility of such damages. We offer no warranties with respect to the Affiliate Program or the products sold through it. There is no assurance of our website functionality, and we are not liable in any way for the consequences of errors and interruptions. Furthermore, Benham Design Concepts, LLC’s aggregate liability arising from this Agreement and the Program shall not exceed the total commissions paid or payable to you under this Agreement.

3. General. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect, and nothing in this Agreement shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Neither party shall make any statement, whether on their Sites nor otherwise, that reasonably would contradict anything in this paragraph.

You acknowledge that you have read this Agreement and agree to all terms and conditions of the Agreement. You understand that we may at any time (directly or indirectly) solicit Customer referrals on terms that may differ from those contained in this Agreement or operate Sites that are similar to or compete with your Site. Furthermore, at our sole discretion, we may modify any of the terms or conditions of this agreement, including commission percentage, payment schedules, and program rules at any time. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

This Agreement is governed by the laws of the State of Colorado. Any disputes arising under this Agreement which cannot be resolved by the parties through negotiation within thirty (30) days shall be settled by final and binding arbitration in the state of Colorado, in the county of El Paso. Written decision of the arbitrator shall be final and binding upon the parties and in such form that judgment may be entered in and enforced by any court having jurisdiction over the parties.
This Agreement may be agreed to in more than one counterpart, each of which together shall form one and the same instrument. The parties agree that execution may be achieved in any format convenient to the parties.
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

4. Agreement updates Benham Design Concepts LLC reserves to update this agreement at anytime.  Continuing to use the Affiliate program constitutes agreeing to updates.

  • Last Updated 3/4/2026 – Published to Site
  • Last Updated 6/13/2026 – To clarify how Custom Orders are handled.
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