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There is an article in the May 2008 issue of AVN Online, “Misbehaving Affiliates,” about the risks of working with affiliates in the adult space.
I think it can be instructive to track the issues for adult affiliate program, as many of their issues are also going on in the mainstream, and others will likely make it here in the future.
Not surprisingly, one of the biggest liabilities mentioned is affiliate violations of the CAN-SPAM Act, and they cite the recent Cyberheat and Impulse Media Group cases.
Anybody with an inbox can attest to the continuing barrage of adult affiliate spam.
The author, Clyde DeWitt, who is an attorney focused on adult entertainment, sees video copyright infringement as the biggest problem on the horizon from affiliates.
I’m not sure that this problem will transcend to the mainstream, since affiliate programs in the non-adult sector are not as focused on selling content.
But it’s something to monitor for any companies selling TV shows and movies via affiliates.
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