In August 2002, Seether launched their first official album, Disclaimer, which earned the band three singles: "Fine Again", "Driven Under", and "Gasoline", in which only the first managed significant success. The year 2002 was very trendy for Seether. After the release of Disclaimer, the band toured constantly. Near the end of the Disclaimer Tour, the band decided to return to the studio to record their second album, a project that had to be delayed by almost a year, since at that time Seether was on world tour with Evanescence. "Fine Again" was also included in the video games Madden NFL 2003 in 2002 and 1080deg Avalanche in 2003.  Following the release of Disclaimer, the band toured continually in order to increase sales and name recognition. A planned second album was delayed for nearly a year when Seether was selected as the support act for an Evanescence worldwide tour. Seether reworked their acoustic ballad, "Broken", as an electric ballad with guest vocals by Amy Lee of Evanescence. Favourable audience response led the band to record the revised version, with Lee on vocals. The track, along with a new song entitled "Sold Me", was featured on the soundtrack for the 2004 film The Punisher, and became a major success for the band, particularly in the United States, the United Kingdom, and Australia. A romance developed between Lee and Morgan during this time.  Morgan has stated that the reworking of "Broken" was due to the wishes of the record company, rather than those of the band. An alternate version of the original album, with many of its songs remixed or re-recorded, was released in June 2004 and entitled Disclaimer II. The alternate version also featured eight extra tracks.

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