I can't get behind your interpretation. Not counting the bread, sure whatever. Maybe that's just a missed exclusion clause in the program documentation.

But then sending out discount codes to affiliates explicitly saying, "Boost your sales by giving out these codes!" Then to exclude those purchases from the affiliate program? I mean, come on. Where do you draw the line? Because that's definitely crossed out of my "innocent mistake" threshold.

> In the US, admitting you did something wrong could open you up to a class action suit where some customers could be eligible for damages due to negligence.

This is not a customer relationship, it's a business one. Presumably with some sort of written agreement. Violating that agreement or their own advertising around that agreement is what is going to get them in trouble, not an admission of fault. Besides, paying the author as they did could be submitted to a court as an admission of fault anyway. (That's why real settlements come with an NDA and explicit written agreement that fault was not assigned.)

> You could’ve written your post without specifically mentioning the merchant’s name, if your intent were really only to help others.

I think calling out the merchant is helping others, specifically others in or thinking of joining their affiliate program.