I personally doubt it is xpays itself spamming. If you look at their setup, it is setup a little different then most affilliate programs. Don't jump on the bandwagon unless you have an xpays account and have used them, and you look at everything. All of the 100+ paysite frontends sit on the xpays.com domain, and have built in numbers for affiliates.
http://www.xpays.com/clients/12345/73/promo.html is a link for VulgarTeens for affiliate 12345, just IMG src that into an email, and affiliate 12345 gets credit for all emails, dialers, joins, exits, etc. Makes the system more "Spam Friendly" then someone like ARS or Topbucks just on the way it is setup, and easier for someone like Microsoft to target, assuming it is xpays spamming them instead of an affiliate.
For those of you that said That Microsoft must have suffient evidence, if you look at the initial documents filed, they filed them in such a way so as they decided someone was a spammer, they could ammend it to it, not stating names till they wanted to at random.
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