Adware has been a hot topic in the affiliate community for years. For far too long some networks have skated a thin line and many times they've knowingly crossed it. Some networks like Shareasale and ShareResults have taken a firm stand against allowing any type of adware at all. Other networks still have work to do in this area. The question for a long time has been, who's policing this if the networks aren't and who's standing up for the little guy - the affiliate?
WELL POWER TO THE PEOPLE! Just found out about 2 class action lawsuits - one by affiliates and one by merchants - both against CJ/BeFree/ValueClick. So if you believe you have been affected adversely by adware affiliates that have been allowed on those networks read up.
From the official class action lawsuit site:
CJclassaction.com
"The following are a few examples identified in the complaints of how adware may result in harm to ValueClick’s affiliates and merchants:
1. by unlawfully diverting earned commissions from legitimate affiliates;
2. by fraudulently causing merchants to pay commissions and fees for traffic that was not generated by legitimate affiliate activity;
3. by threatening the integrity of merchant affiliate programs; and
4. by exposing merchants to liability for breach of their contracts with affiliates"
Kellie Stevens at
AffiliateFairPlay has the in-depth story and will be following this case as things develop. She writes:
"The lawsuits allege breach of contract, negligence and unfair business practices on CJ/BF’s part by allowing adware affiliates to operate within their Network. The gist of it seems to be that CJ/BF has knowingly allowed adware affiliates within their Network which commit commission theft and fraudulent transactions through adware applications. The suit is seeking monetary damages to both affiliates and merchants. More importantly, in my opinion, they are seeking a change in ValueClick’s corporate policy related to adware and compliance. " More...