"Freeware" author proud partner of Open Candy, but Spybot S&D doesn't detect it?

When I downloading a "freeware" program earlier, I didn't notice until after scrolling down a little that the page contains a notice that "we are proud to use Open Candy as our preferred partner" (not me, them.. just wanted to make that clear). However, I thought I remembered earlier discussions (elsewhere, IIRC about ImgBurn) that Open Candy was some type of malware. However, a Spybot S&D (and Avast Free Antivirus, but I think I remember it being called more spyware than a virus) scan of the file shows the file as clean. So...
a) Is Open Candy not malware and the people had no idea what they were talking about and/or I misunderstood them; or,
b) was Open Candy once malware, but the company has since reformed; or,
c) is Open Candy malware, but being partners with doesn't obligate the partner to include it in the program (however illogical that may sound); or,
d) is Open Candy malware, but not the type that S S&D was meant to protect against; or,
e) is Open Candy malware, but S S&D doesn't currently protect against it; or,
f) is there another option or combination of options that I'm missing here?

Thanks for any help anyone can give me, because the whole thing' has me a bit confused.