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The question of liablility comes up based on what you do when notified. If a program answers "it's an affiliate, not our problem", then they very likely run the risk of getting roped into such a lawsuit.
If they make the proper efforts to contact the affiliate, get the stuff removed, or terminate the affiliate as needed to control this sort of activity. The program is directly profiting from the actions of it's affiliates, and needs to pay attention to what those affiliates are doing.
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