GoFuckYourself.com - Adult Webmaster Forum - View Single Post - Traffic Gigolos Are the Worst Spammers around!!!!!

killspammerz · 10-30-2006, 03:46 PM

After some back and forth with Brian from Traffic Gigolos, I think it is crucial to underscore a key legal point which I think several of you may have missed in the past year or so. I'm posting this here as a service so that porn affiliate managers can be more aware of the legal facts regarding spamming affiliates.

In the most black and white terms: your spammers are equal to you in the eyes of the court.

If you have an affiliate program, and you allow anyone to sign up, and some of those affiliates spam: your company is responsible and can be prosecuted.

Here is evidence of this:

(I can't post urls so I have to get creative: )

visit oreilly dot net and then:

/pub/a/network/2005/04/29/spamkings.html?CMP=ILC-FV7511446129&ATT=1485

visit wired dot com and then:

/news/business/0,1367,51507,00.html

visit revenews dot com and then:

/wayneporter/archives/001716.html

The FTC among other authorities has very successfully prosecuted several affiliate programs in the US. Not just porn affiliate programs either. As recently as a few weeks ago a rogue refinancing spammer caused a major bank to be investigated for allowing spamming to lead to profit on their end. If your company is represented by a spamming affiliate, even if you do not know who they are: you are the one who goes to court. I am not making this up. It is the law.

DEFINITELY thought you people should be aware of this because it certainly appears that Brian among others was not.

I should clarify also: I don't care that porn is your business. It offends me personally as a subject but I don't care that that's how you make your money. What I do care about is that I continue to see porn spam from any affiliate program. Any program that loose deserves to be sued! The law has been extremely clear about this point and the lawsuits have been (at least I thought) very high profile once they were successfully able to show that the company was the one on the hook despite not having directly spammed themselves.

Don't rely on the defence that you, the actual company, are not the one spamming. If your affiliates spam: to the court, that equals you, and you will be prosecuted as such.

Thanx to Brian for bringing to light this misconception. If you do not know this about CAN-SPAM specifically, you are doomed to be sued by someone, successfully. Trust me when I say that that is not the method by which you want to learn the law.

Thought you should know.

Thanx to Brian and Traffic Gigolo for finally investigating. I hope this is helpful information for other affiliate managers out there.

10-30-2006, 03:46 PM
killspammerz Registered User Join Date: Oct 2006 Posts: 14	You affiliate managers don't know your legal grounds After some back and forth with Brian from Traffic Gigolos, I think it is crucial to underscore a key legal point which I think several of you may have missed in the past year or so. I'm posting this here as a service so that porn affiliate managers can be more aware of the legal facts regarding spamming affiliates. In the most black and white terms: your spammers are equal to you in the eyes of the court. If you have an affiliate program, and you allow anyone to sign up, and some of those affiliates spam: your company is responsible and can be prosecuted. Here is evidence of this: (I can't post urls so I have to get creative: ) visit oreilly dot net and then: /pub/a/network/2005/04/29/spamkings.html?CMP=ILC-FV7511446129&ATT=1485 visit wired dot com and then: /news/business/0,1367,51507,00.html visit revenews dot com and then: /wayneporter/archives/001716.html The FTC among other authorities has very successfully prosecuted several affiliate programs in the US. Not just porn affiliate programs either. As recently as a few weeks ago a rogue refinancing spammer caused a major bank to be investigated for allowing spamming to lead to profit on their end. If your company is represented by a spamming affiliate, even if you do not know who they are: you are the one who goes to court. I am not making this up. It is the law. DEFINITELY thought you people should be aware of this because it certainly appears that Brian among others was not. I should clarify also: I don't care that porn is your business. It offends me personally as a subject but I don't care that that's how you make your money. What I do care about is that I continue to see porn spam from any affiliate program. Any program that loose deserves to be sued! The law has been extremely clear about this point and the lawsuits have been (at least I thought) very high profile once they were successfully able to show that the company was the one on the hook despite not having directly spammed themselves. Don't rely on the defence that you, the actual company, are not the one spamming. If your affiliates spam: to the court, that equals you, and you will be prosecuted as such. Thanx to Brian for bringing to light this misconception. If you do not know this about CAN-SPAM specifically, you are doomed to be sued by someone, successfully. Trust me when I say that that is not the method by which you want to learn the law. Thought you should know. Thanx to Brian and Traffic Gigolo for finally investigating. I hope this is helpful information for other affiliate managers out there.