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affiliates were not willing to follow through
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That's a real shame. I wouldn't care who I go after, sponsors, merchants, affiliates, or adwhores (love that Mike!) themselves. Hell, I'd sue them all if I could!
If affiliates start suing merchants/sponsors for breach of contract because of spyware applications and win, it sure would send the message real quick to others who are doing the same.
You sue another affiliate and win and you could financially ruin them for life. That would scare other scumbags who are too lazy to do their own work and find it easier to just steal the sales. Is it worth the risk?
Missie