Few people are aware of, much less understand, the ?Vendor Liability? clause of CAN-SPAM. Yet it is critical for anyone who has affiliates to understand this aspect of Federal anti-spam law, as it is specifically aimed at affiliate program administrators who ignore spam complaints about affiliates.
The Vendor Liability section of CAN-SPAM works like this: if you have an affiliate who is sending email that advertises your product, and that email is in violation of CAN-SPAM, then *you* are on the hook, legally, just as if you yourself had hit the ?send? button.
You should definately care and when you catch it stop it. However if you're proactive about these things and have the right TOS you should be ok should a situation arise. At least that's what we've been advised by our atty's.
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