Did you honestly believe that pointing to something worse would be considered a valid point in the discussion?
Links in general are not against the rules, because - as pointed out above - it would be silly.
Links that spread malware are explicitly against the rules (#6) unless they come with ample warning for educational purposes.
Non of the above is considered spam per se, but might be seen as such if used in a spammy way.
Referal links are considered spam, because - as pointed out above - they typcially lead to spam. Your experience might differ, but it does not matter.
Please explain how "look links can be used for bad" should make us think "referlink links will never(!) be used in a spammy way".