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Even if you could make someone liable to refund your costs, the FTC or whoever would still come after you to pay the fine. You would need to pay them and then separately go after the affiliate to recover the money.
That could be expensive or even impossible if the affiliate were overseas and even if in the US, he/she might not have the money to pay. You could also find yourself in a dispute about the legality of your TOS, your own responsibility for your prosecution, and whether or not you adequately defended yourself.
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