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Originally Posted by AmeliaG
Ya know, I don't think it ever occurred to me or any attorney we've ever retained to have something in the TOS telling affiliates not to falsely claim sites they are promoting are defunct. Not the sort of thing it occurred to me would happen. Off to re-read my own TOS now . . . heh, looks like the SpookyCash TOS does have something about accuracy, although that part was written with the idea that affiliates might claim a particular model did something on camera in the members area which she didn't or something like that.
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Yep, I figured as much. But I see no reason why it isn't perfectly applicable to a false claim like you mentioned. I mean, "I dont know when this site last updated" is an honest opinion or simply honest statement. But saying "this site has not been updated in years" , is clearly a lie IF you in fact do updates more often obviously. So just based on that, I'd say it's a simple false claim.
I would use that to light a fire under their butt to go do a proper review else you may not have any other recourse than to consider it an actual TOS violation.