Webwork - 2:14 pm on Jan 29, 2012 (gmt 0)
You sue the parent company (who profited) and the parent company then joins/sues the "bad affiliates", who supposedly did the bad deed . . that the parent incentivized, monetized, authorized(?) and profited from. It's called "mandatory joinder of parties", i.e., everyone who made the conjob a profit centr. It also gets everyone who profited (affiliate program operator / affiliate) in the same room, to cough up their ill-gotten gains in a global settlement.
AFAIK, the Big G did get nailed for similar "dubious practices" (involving the marketing of meds) BUT it took a sting operation to gather the needed evidence of collusive thinking/behavior. (See the recent WebmasterWorld homepage thread regarding a $500,000,000 fine paid by G.)
So, don't get your pants all tied up in knots. Justice is slowing comeing to the WildWildWest . . or WWW for short.