Originally Posted by Missie
(Post 11249990)
I've talked about lawsuits against adware companies with Kellie and Ben Edelman several times before. Because most adware programs, and that includes zango, do NOT overwrite cookies themselves, it's not a winnable lawsuit for affiliates.
The ones who could sue adware companies, and SHOULD, are affiliate programs/sponsors for adware that display ads over their own sites and totally cover them. ALL these cases have been won or settled before and can/will be won again.
There are way too many ways that affiliates get cheated by adware and those who use these programs to steal. As Ben explained to me, it would be extremely difficult and confusing to try to document every occurrence for every sponsor, WHO popped the ad and stole the sale, explain every technical detail in court of each popup, how it happens, how it works, etc., and trying to put a money value to the amount lost, especially when the adware program itself does nothing wrong in this sense.
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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