Calling us names now huh?
Accept the fact that everyone in the non-adult world has this kind of stuff in their affiliate TOS.
It is likely going to be easier to sue the affiliate for that kind of practice than sueing the program owner for having this in their TOS and using it.
Its the owner's job to explain to the surfer what a trial is and that he can cancel it. The billers also tell all surfers about it in multiple places. (Both join page and join email.) So thats already 3 places the surfer gets told about it.
There is a difference in telling the surfer "your 3 day trial will convert to a full membership for $XX.XX" and "cancel your membership at least 1 day before the trial ends, so you will not be charged for the full membership!".
BTW, if you think its so great telling your surfers to cancel the membership, go and send your traffic via a partnership percentage based program, I bet noone has anything against that.