This may be a simple case of Safe Harbor -- unless it turns out that Zappos knoew about the website name DSW-shoes. I submit that if they are an affiliate, that Zappos certainly know that a website called DSW-shoes was taking part. I'm sure that you have to give your website name when you fill out an affiliate request form. Zappos should have rejected the affiliate claim, and never allowed them to become an affiliate. This time, I think, it's not a Safe Harbor case.
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