My Devilish Desires Affiliate Programme Agreement

This Affiliate Programme Agreement (the "Agreement") is entered into between My Devilish Desires ("My Devilish Desires", the "Company", "we", "us" or "our") and the individual accepting this Agreement (the "Affiliate", "you" or "your"). This Agreement takes effect on the date you accept it, whether by ticking the confirmation boxes, signing electronically, or receiving Gifted Products from us after being sent these terms.

Please read this Agreement carefully. By accepting it, you agree to be bound by all of the terms below.

1. Overview and Nature of the Relationship

My Devilish Desires runs an affiliate and gifting programme in which we provide selected creators with complimentary products in exchange for promotional content and, where a sale results from a creator's unique code, a commission.

You understand and agree that:

• Products we send you are provided in exchange for the promotional content described in this Agreement. They are not unconditional gifts.
• This is a commission-based, independent arrangement. It does not create employment, agency, partnership, or any exclusive relationship between you and My Devilish Desires.
• Nothing in this Agreement guarantees you any minimum earnings.

2. Definitions

• "Gifted Products" means any product or products we send you at no upfront charge for the purpose of creating the content required by this Agreement.
• "Deliverables" means the Instagram content you agree to create and post, as set out in Section 4.
• "Affiliate Code" means the unique discount or referral code we assign to you.
• "Collaboration Post" means an Instagram post published as a collaboration ("Invite Collaborator") with @my.devilish.desires so that it appears on both accounts.

3. Gifted Products

We will provide you with one or more Gifted Products in exchange for the Deliverables. By accepting Gifted Products you agree that:

• The Gifted Products are provided solely for the purpose of creating the Deliverables.
• If you do not complete the Deliverables within the timeframes in Section 6, Section 7 applies.
• Risk of loss for the Gifted Products passes to you on delivery. We are not responsible for items lost, damaged, or delayed by the carrier once dispatched, although we will assist you where we reasonably can.

 

4. Required Content Deliverables

For each Gifted Product you receive, you agree to create and post the following.

4.1 One Instagram Reel (minimum one per product)

You agree to post at least one Instagram Reel for each Gifted Product received. Each Reel must:

• Be published as a Collaboration Post with @my.devilish.desires.
• Use one of the following approved formats: unboxing and reaction, voice-over promotion, or cinematic showcase.
• Feature the product clearly. If the item is clothing or an accessory, it must be worn on camera where appropriate. If the item is a toy or other product, it must be shown and presented professionally and tastefully.
• Clearly show on screen, or say aloud, the name "My Devilish Desires" within the first five seconds of the Reel.

4.2 Three Instagram Stories (minimum three per product)

You agree to post at least three separate Instagram Story frames showcasing the Gifted Product. Each Story must:

• Tag @my.devilish.desires.
• Clearly feature the product.
• Be high quality and appropriate to the brand.

5. Caption and Disclosure Requirements

Every Reel caption must include all of the following:

• Your Affiliate Code.
• The product name.
• A link to the product, or clear direction to where the link can be found (for example "link in bio").
• The phrase "FROM MY DEVILISH DESIRES".

To comply with UK advertising rules, including the Advertising Standards Authority (ASA) and the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (the CAP Code), every Reel and every Story that features a Gifted Product must carry a clear and obvious disclosure that the content is advertising. You agree to:

• Include #ad prominently and up front, not buried among other tags. You may also add #gifted, but #ad on its own is the label UK rules require.
• Use Instagram's paid partnership label where available.
• Make the disclosure easy for an ordinary viewer to notice and understand before they engage with the content.

You are solely responsible for making these disclosures correctly on every piece of content. Failure to disclose is a breach of this Agreement and may also breach the law.

6. Deadlines

Unless we agree otherwise in writing, you must post the Deliverables within the following timeframes, measured from the date you receive the Gifted Product:

• Instagram Stories: within 48 hours of receiving the product.
• Instagram Reel: within 7 days of receiving the product.

7. Failure to Complete Deliverables

If you do not complete the Deliverables in full and on time, and do not agree an alternative with us in writing, you agree that we may, at our discretion, do any of the following:

• Invoice you for, and require you to pay, the full retail value of the Gifted Products received plus any shipping costs we incurred. You agree this amount is a fair and reasonable estimate of our loss, given that Gifted Products are provided only in exchange for the Deliverables. Payment will be due within 14 days of our written request.
• Withhold any commission otherwise owed to you and set it off against amounts you owe us.
• Remove you from the affiliate programme and terminate this Agreement.

8. Commission

This is a commission-based affiliate partnership. For every completed, paid, and non-refunded order placed by a customer using your Affiliate Code, you will earn commission in accordance with the commission structure in effect at that time.

New affiliates begin at a commission rate of 10% on qualifying sales. As you generate sales through your Affiliate Code, your commission rate can increase over time, up to a maximum of 20%, in line with our current affiliate tier structure.

You understand and agree that:

• Commission rates, eligibility rules, attribution windows, and the minimum balance required before a payment is made are set by My Devilish Desires and may be updated or amended at any time. Changes apply from the date they are published or otherwise communicated to you.
• Commission is only earned on completed sales. If an order is later cancelled, refunded, charged back, or found to be fraudulent, the related commission will not be paid, or will be deducted from your balance if already credited.
• Commission is paid to the payment details you provide, in the currency and on the schedule we specify. You are responsible for providing accurate payment information.
• You are an independent contractor. You are solely responsible for declaring and paying any tax due on the commission you earn, including through HMRC self-assessment where applicable, and for any registration required where you live. You agree to provide any information we reasonably need to meet our own reporting obligations.

9. Content Standards

All content you create under this Agreement must:

• Be high quality and reflect My Devilish Desires professionally and positively.
• Comply with Instagram's Terms of Use and Community Guidelines.
• Be truthful and avoid misleading or exaggerated claims about any product.

The following are strictly prohibited in any content that features My Devilish Desires or a Gifted Product:

• Drug references or depiction of illegal drug use.
• Excessive or irresponsible alcohol use.
• Unsafe, dangerous, or harmful practices.
• Any non-consensual theme.
• Violence, harassment, hate, or any illegal activity.
• Any content involving, appearing to involve, or appealing to minors.

10. Content Usage Rights and Intellectual Property

You grant My Devilish Desires a worldwide, royalty-free, perpetual, and irrevocable licence to use, reproduce, edit, adapt, publish, and repost the content you create under this Agreement, in whole or in part, across our social media, websites, email marketing, paid advertising, and future campaigns.

You confirm and warrant that:

• You own or control all rights in the content you create, or have obtained all necessary permissions.
• Any music, images, footage, or other third-party material in your content is properly licensed for this use, and you are responsible for clearing it.
• Our use of your content will not infringe the rights of any third party or require any payment by us to any third party.

You must keep all content you post under this Agreement live, public, and unedited (other than edits we approve). You must not delete, remove, hide, archive, or set the content to private. The content must remain live indefinitely, and will only be taken down where My Devilish Desires requests or agrees to its removal in writing. This reflects the perpetual and irrevocable licence you grant above, so that your content remains available for our continued use. Removing or taking down the content without our written agreement is a breach of this Agreement, and we may take action under Sections 7 and 17, which may include charging you the full retail value of the Gifted Products plus shipping costs and removing you from the affiliate programme.

11. Representations and Warranties

You represent and warrant that you will comply with all laws, regulations, and platform rules that apply to your content and to this Agreement, including the ASA rules and the CAP Code and any other advertising standards that apply where your audience is located.

12. Age Requirement

You confirm that you are at least 18 years old and are legally permitted to promote adult products where you live. You also understand and agree that all products sold by My Devilish Desires are intended strictly for adults aged 18 and over, and your content must not target anyone under 18.

13. Indemnification

You agree to indemnify, defend, and hold harmless My Devilish Desires and its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or connected with: your content, your breach of this Agreement, your failure to make required disclosures, your infringement of any third-party rights, or your violation of any law or platform rule.

14. Limitation of Liability

To the fullest extent permitted by law, My Devilish Desires will not be liable to you for any indirect, incidental, special, or consequential losses, or for any loss of profits, arising out of or connected with this Agreement or the affiliate programme. Our total liability to you under this Agreement will not exceed the total commission actually paid to you in the three months before the event giving rise to the claim.

15. Confidentiality

You agree to keep confidential any non-public information we share with you, including commission rates, your Affiliate Code, unreleased products, and the terms of any individual arrangement, and not to disclose or misuse it.

16. Independent Contractor and Non-Exclusivity

You are an independent contractor. This Agreement does not create any employment, agency, partnership, joint venture, or exclusive relationship. You are free to work with other brands, and we are free to work with other affiliates.

17. Term and Termination

This Agreement continues until terminated. Either party may end it at any time on written notice. My Devilish Desires may suspend or terminate this Agreement immediately, and remove you from the programme, if you breach these terms, fail to complete Deliverables, or act in any way that we reasonably consider damaging to our brand or reputation. Sections that by their nature should survive termination (including Sections 7, 8, 10, 11, 13, 14, and 15) will continue to apply after this Agreement ends.

18. Changes to this Agreement

We may update this Agreement and the affiliate programme terms from time to time. The version in effect is the one published by My Devilish Desires. Your continued participation in the programme after a change is published means you accept the updated terms.

19. Governing Law and Dispute Resolution

The My Devilish Desires affiliate programme is open to affiliates located in the United Kingdom. This Agreement applies to every affiliate regardless of where they are located.

This Agreement, and any dispute arising out of or connected with it, is governed by the laws of England and Wales, and this governing law applies to you wherever you are located. You agree that the courts of England and Wales have exclusive jurisdiction over any matter that proceeds to court.

Before starting any formal or legal action, both parties agree to first try to resolve the matter informally. If you have a concern or dispute, you agree to contact My Devilish Desires directly and give us a reasonable opportunity to put it right, and we will do the same. Only if the matter cannot be resolved through this direct communication will either party take it further.

20. General

This Agreement is the entire agreement between you and My Devilish Desires about the affiliate programme and replaces any earlier discussions or understandings. If any part of it is found to be unenforceable, the rest remains in force. You may not transfer your rights or obligations under this Agreement without our written consent. Our failure to enforce any term is not a waiver of that term.

21. Affiliate Confirmation and Agreement

By accepting this Agreement, I confirm that:

• I have read, understood, and agree to all of the terms above.
• I will post a minimum of one Instagram Reel per product as a collaboration with @my.devilish.desires, meeting the requirements in Section 4.1.
• I will post a minimum of three Instagram Stories per product tagging @my.devilish.desires, meeting the requirements in Section 4.2.
• I will include the required caption details and make clear advertising disclosures (#ad, and #gifted where relevant) on all content.
• I understand this is a commission-based partnership and that I earn commission only on completed, non-refunded sales made with my Affiliate Code.
• I confirm I am 18 years of age or older and legally permitted to promote adult products.
• I understand that all products sold by My Devilish Desires are intended strictly for adults aged 18 and over.
• I understand that if I fail to complete the required Deliverables, I may be charged the full retail value of the products and the shipping costs, and may be removed from the programme.