I have to agree that the aff is within legal rights.
I once had a lawsuit filed against me by a company (not in this industry) who had a product name (one of many) I had never heard of. So when it was suggested as keyword by word tracker, I used it.
We went back and forth on this for a while and eventually I dropped the keyword and they dropped the law suit. I suggested to them that they need to deal with word tracker on this.
It’s a bit more tricky though with aff program – they have your money and may try to withhold it on such a technicality.
If that is the case, I suggest you post in the CAP resolution forum and see if it can’t get settled asap that way.