On December 16, Nandu reporters learned from the Court of Licheng District of Jinan City, Shandong Province, that a cultural company arranged for the anchor to live stream goods and did not reach the agreed sales, and the court ordered the company to refund all service fees of 20,000 yuan.
It is understood that on May 24, 2021, a food company entrusted a cultural company to arrange the anchor to conduct live broadcast work, the two sides signed the "Live Broadcast Special / Single Pit Cooperation Contract", agreed on the service fee of 20,000 yuan, ROI ratio of 1:3 (that is, 20,000 yuan service fee to guarantee sales of 60,000 yuan), the two sides also agreed that a cultural company to ensure that the return rate does not exceed 15% of the sales volume, more than some of the cultural company need to be replenished in time, according to the final actual turnover ratio refund service fee.
At the same time, the two parties agreed on the sales brand, live broadcast platform, live broadcast account and other content and other rights and obligations, and agreed that if a cultural company did not complete the sales promised by ROI within the cooperation period, it should negotiate with a food company to make up the sales difference within one month. If the service fee calculated according to 1:3 has not been completed, the service fee of a food company will be refunded within 15 working days.
Later, a food company failed to refund the service fee because the live broadcast did not meet the agreed sales requirements, and sued a cultural company to the Licheng court.
According to the Licheng District Court of Jinan City, on May 29, 2021, the anchor sold 1393 products involved in the case through online live broadcasting, returned 1331 orders, and actually traded 62 orders, with sales of 1357.9 yuan. The two parties agreed to rebroadcast or broadcast live by other anchors in the future, but as of July 12, 2021, a cultural company had not actually arranged personnel to rebroadcast or broadcast live the products involved in the case, nor had it made up for the difference in sales and the return rate. Later, the two sides reached a refund agreement, but a cultural company said that it had transferred the money to the anchor, so it could not refund the fee.
The Licheng District Court of Jinan City held that the "Live Broadcast Special/Single Pit Cooperation Contract" signed by the two parties was legal and valid. A cultural company failed to perform its contractual obligations in accordance with the agreement between the two parties, and there was a breach of contract. The court upheld a food company's demand that a cultural company refund the service fee, pay liquidated damages, and bear the lawyer's agency fee, so it ordered the defendant to refund the plaintiff's service fee of 20,000 yuan.
Nandu reporter previously investigated and found that in order to match the vigorous demand of brand owners for live streaming, advertising companies, media agencies, MCN agencies, live broadcasting platforms and other parties are working together to "build satellites". At the same time, the technical offensive and defensive war behind the live streaming is also starting, and some savvy brand owners will also buy data cleaning services provided by third-party data monitoring companies while taking out real money from advertising agencies. In addition, the risk control teams of some e-commerce giants are also chasing and blocking false data.
Written by: Intern Zeng Han Nandu reporter Wu Jialing
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