Take to court! Spend 510,000 yuan to invite Chen Xiaochun and net red live streaming to sell only 5,000 yuan

Signed a live streaming contract worth 510,000 yuan

Arrange for Chen Xiaochun and Internet celebrities to bring goods together

As a result, the 3 live broadcasts only sold for 5,000 yuan

The merchant filed a complaint

The media company that will be responsible for the promotion of the live broadcast

Take to court

The reporter saw from the Guangzhou Intermediate People's Court (2021) Yue 01 Min Zhong No. 19281 Civil Judgment that in October 2020, a massager company and a media company signed a "Double 11 Matrix Live Broadcast Promotion Agreement", which stipulated: From November 1, 2020 to November 11, 2020, the media company provided 16 live broadcast sales promotion activities, of which 10 were executed by people with a total number of fans greater than or equal to 10 million. 6 shows are performed by other celebrity anchors in their Internet live broadcasts.

After the massager company paid 515,000 yuan for the promotion service fee as agreed, the media company sent the "Double 11 Live Broadcast Change Instructions" to the massager company, changing the anchor executor of the original 16 live broadcasts to the actual arrangement of film and television star Chen Xiaochun plus 3 Internet celebrities, from November 5 to November 11, and agreed to reduce the service fee by 100,000 yuan.

On the afternoon of November 5, Chen Xiaochun's live broadcast did not have a product link in the live broadcast room during the live broadcast, resulting in only a few minutes of live broadcasting of massager company products being removed from the shelves. Later, the media company arranged for Chen Xiaochun's assistant to rebroadcast that night. After the completion of the above four live broadcasts, the sales of the massager company's products were only more than 5,000 yuan.

After the second-instance trial, the Guangzhou Intermediate People's Court held that the 16 anchors in the original contract were changed to 3 Internet celebrities and Chen Xiaochun in the "Explanation of Changes to Double 11 Live Broadcasting", but at the same time, it stated that the content of other contracts remained unchanged. That is, the "Double 11 Live Broadcast Change Instructions" only reduced the number of people who intended to participate in the anchor, but did not change the number of live broadcasts from 16 to 4.

In the actual live broadcast execution, the live broadcast of anchor A, anchor B, and net red C is 1, and after Chen Xiaochun's live broadcast, because the goods involved in the case were not linked to the goods in the live broadcast room, Chen Xiaochun was required to supplement the live broadcast, but Chen Xiaochun himself failed to broadcast live, but his assistant replaced Chen Xiaochun to re-broadcast, the effect of assistant re-broadcasting is obviously not equivalent to Chen Xiaochun, and Chen Xiaochun's assistant is not the traffic anchor agreed in the original contract, so it should be regarded as Chen Xiaochun's live broadcast is not successful. In summary, the media company actually arranged a total of 3 live broadcasts, but the contract stipulated that 16 live broadcasts should be broadcast, so a media company seriously breached the contract.

The court found that because the "Explanation for Changing the Double 11 Live Broadcast" only reduced the number of people who intended to participate in the anchor, and the other contract terms remained unchanged, the ROI guarantee stipulated in the original contract should of course continue to apply. Second, according to the ROI guarantee agreed in the contract, the guarantee amount of live broadcast sales is as high as more than 1 million yuan, but the sales after the actual live broadcast are only 5,000 yuan, and it is obvious that the purpose of the contract cannot be achieved by continuing to perform the contract by the media company to rebroadcast 3 times, so the massager company no longer requires rebroadcast and requires a reasonable refund, and the Guangzhou Intermediate Court supports it.

The Guangzhou Intermediate People's Court finally ruled that the massager company chose to refund reasonably according to the proportion of the number of scenes that failed to be broadcast live, that is, the media company should refund the total service fee of 418,437.5 yuan (515,000 yuan * 13/16) to the massager company.

Source: Upstream News