The only case where a sponsor could or should care if an affiliate is in compliance is if they gave the affiliate content to use and the liability leads back to them. If not, there is no legal reason that I can see to attempt to do the impossible.
If an affiliate gets nailed, it's not the sponsors problem if they didn't give them the content to use.
Of course smart affiliates could all start using softcore and save themselves the trouble of complying.
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