Quote:
|
Originally Posted by The Heron
If they are independent contractors... I don't see the liablity connection? Fucking politicians!
|
Just because a program calls them independent contractors doesn't mean they are released from vicarious liability.
There is a 2 part test not needed but commonly used in court to establish liability.
1. Was there financial gain or enrichment?
2. Was there control or the right to control the actions of the offender.
Affiliate programs hit both. They have financial gain and enrichment, control payouts, terminate accounts, and provide material support among other.
Yes, I studied law. But this is my opinion. Go find your own!