Quote:
Originally Posted by Missie
Let sponsors sue adware companies, they would win. We, affiliates, probably wouldn't and we'd spend a fortune trying.
CLASS ACTION LAWSUITS FOR AFFILIATES...
I sent Ben the links to the zango threads last month. Ben, Kellie and lawyers consulted on behalf of affiliates (mainstream AND porn) have said that it would be much easier and a more "winnable" case if affiliates sued SPONSORS for breach of contract. All TOS say that if a surfer comes from YOUR link, the commission is payable to YOU. With adware, this part of the affiliate agreement is broken. There has been plenty of proof posted in this forum alone about several sponsors who KNOW about it and are not doing anything to stop it. That's a direct breach of contract, doesn't get any clearer than that.
Sue ONE sponsor as a class action suit and win and see how many sponsors will drop their adware advertising after that.
You have to hurt ONE sponsor where it hurts most to get the ball rolling.
Missie
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exactly. people are pissed at zango... but in all the recent BS, its the sponsor that is stealing. that is an easier case to make than the idea of trying to go after zango for what is probably going to be a fairly convoluted claim, insanely expensive to argue and its going to center on issues which have already been under intense legal scrutiny anyway.