Quote:
Originally Posted by RawAlex
When you become an affiliate of a program, do you not gain the rights to use the site names in marketing? How would I promote Crackwhore confessions without using the name? It doesn't appear that this guy was using adwords to direct people to another site, they were ending up at CWC. So it seems like a natural extension of the marketing agreement entered into when you become an affiliate.
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Had D handled the situation in a professional manner that would be completely irrelevant, as would the lack of any mention in the TOS.
When he decided that he wasn't going to pay for sales from that traffic he should have immediately informed the affiliate so he could have stopped sending the traffic. Shoehorn wouldn't have been happy, but he could have simply moved to promoting something else.
Instead D did nothing and continued to accept the traffic and sales for another four months before the lack of payment was noticed. That is theft, plain and simple. I don't think D really wants any more legal problems.