"We have implemented strong policing efforts to detect distributor wrongdoing, and have a no-tolerance policy through our Distributor Code of Conduct,” said Daniel Todd, co- founder and president of 180solutions. “When we discover a partner in violation of our Code, we shut them down and, when necessary, take legal action to avert future bad behaviour."
According to the firm, a key policy is that every distributor clearly explains to the user what is being installed and receives informed consent from that user to install the product. Only after consent is gained is a distributor permitted to proceed with the installation of a 180solutions product.
The case, filed in King County Superior Court, targets seven affiliates – those who sign up to distribute the software in return for commission who failed to comply with this requirement.
Named in the suit are Eric de Vogt of the Netherlands, Jesse Donohue of Australia, Khalil Halel of Lebanon, Imran Patel of the United Kingdom, Zarox Souchi of Canada, Youri Van Den Berg of the Netherlands and Anton Zagar of Slovenia.
According to the complaint, each defendant used botnets networks of computers that can be exploited by spammers and hackers to forward junk email and viruses without the knowledge of the PC user to secretly install 180solutions software onto computers
Adware, software that triggers pop-up ads related to the content being viewed by a user, has been getting a bad press lately, and adware firms have been finding themselves the target of lawsuits. Most recently New York Attorney General Eliot Spitzer brought a court action against internet marketing firm Intermix Media, alleging that it was the source of spyware and adware that has been secretly installed onto millions of home computers.
Federal legislation to tackle the issue is now before Congress.
With the pressure on adware firms growing, 180solutions appears to be trying to reshape its image. According to the firm, it has shut down over 500 of its more than 8,000 distributors due to non-compliance with the company's Code of Conduct since January this year.
Speaking to Vnunet.com, spyware specialist Ben Edelman called the suit a public relations exercise.
"I don't see them having any business model other than watching what users do online and serving them pop-up ads. Their software shows ads, they are adware,” he said.