From Kellie Steven’s AffiliateFairPlay.com regarding a class action lawsuit against ValueClick and its subsidiaries, Commission Junction and BeFree, over the inclusion of adware affiliates within their respective networks:

Two separate class action lawsuits were filed on April 20, 2007 against Commission Junction, BeFree and ValueClick. One names CJ and BeFree publishers (affiliates) as the plaintifs. The other names CJ and BeFree merchants as the plaintiffs. So what do these lawsuits center around? Adware.

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.

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You can find more information on the case here (cjclassaction.com).
A copy of the affiliate claim is here and a copy of the merchant claim is here.

No idea how this will turn out, but it should be a clarion call for other networks to follow the lead of companies such as ShareASale who have a no tolerance policy for adware. Even some CPA networks are getting the idea… just this week, Rextopia announced a weeding out of offers.

Short sightedness has long been the major affliction of affiliate managers and networks. They see the short term profits and leads that can be generated by partnering with parasite and adware affiliates. However, we all know this is not a viable long term survival strategy if a company is seriously looking to grow and maintain its affiliate channel. Glad to see action being taken.

If CJ had a blog, they could at least address the issues in a timely manner rather than staying behind an opaque two way mirror…