I always ask the program owners permission, and they very rarely refuse.
They sometimes request to be kept informed about how a domain name will be used.
The stupid thing is, at the end of the day, the owner of the compnay will get less traffic.
If they could effectively gain the traffic the affiliate was getting, they wouldn't need the affiliate program.
Also the report is misleading, and suggests the affiliate was being paid twice for a single sale. IANAL but that would be fraud, and nothing to do with a domain dispute.
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