Recently, Nandu reporter saw from China referee document network that Guangdong Moyun Intelligent Technology Co., Ltd. (hereinafter referred to as “Moyun technology”) and Zhejiang note beating culture media Co., Ltd. (hereinafter referred to as “note beating”) were sentenced in the second instance for civil service contract disputes.
As a massage instrument merchant, Moyun technology found a live broadcasting company to carry the live broadcasting goods during the double 11 in 2020, and paid a service fee of 515000 yuan. The agreed anchor also includes Chen Xiaochun. However, during the whole double 11 period, the products of Moyun technology only sold more than 5000 yuan, and 13 agreed anchors did not broadcast live. Finally, the court ruled that the live broadcasting company would refund the service fee of 418400 yuan.
The judgment shows that in October 2020, the “Kwai Yun Technology and note beating” signed a “double 11 matrix live Promotion Agreement (fast platform)”. The rhyme Technology commissioned the note beating to broadcast live goods with live broadcasting platform, and promoted and sold the products of the rhyming technology in the activities. The agreement stipulates that during the period from November 1 to November 11, 2020, the anchor services provided by note beat include 16 live broadcasts with goods, of which 10 activities are executed by the talent with a total number of fans greater than or equal to 10 million in their internet live broadcasting room, and 6 activities are executed by the anchor of other star talent in their direct broadcasting room.
The service fee agreed in the agreement is 515000 yuan, and the proportion of ROI (the proportion of actual sales amount to service fee) of baomoyun technology live broadcast output should be 1:2.5, that is, the sales should reach at least 1287500 yuan. If the output ROI is lower than 1:2.5, the note beating needs to arrange three anchor supplementary broadcasts with no less than 10 million fans. In addition, the agreement also lists the names or nicknames of the 16 anchors to be arranged for the live broadcast.
According to the judgment, after the contract was signed, Moyun technology paid the service fee agreed in the contract of 515000 yuan. Later, in the actual performance process, four live broadcasting activities with goods were actually arranged. In the afternoon of November 5, Chen Xiaochun’s live broadcasting, because there was no commodity link in the live broadcasting room, Moyun technology commodities were removed from the shelf after only a few minutes of live broadcasting. Later, Chen Xiaochun’s assistant was arranged to make up the broadcast that night. However, after the above live broadcasts were completed, the commodity sales of Moyun technology was only more than 5000 yuan. Therefore, the two sides had a dispute, which led to the lawsuit in this case.
In the lawsuit, Moyun technology and note beating had a dispute over whether note beating performed the contract as agreed by both parties. Mo Yun Technology claims that the two 11 matrix live Promotion Agreement (fast platform) signed the “double Kwai platform” agreement, which should provide 16 anchors to complete 16 live broadcast activities, and has listed the name of 16 anchors who are responsible for the live broadcast activities. The note beating actually only provided 4 live events, and only Yao Yongchun and Nana fairies are the anchor of the contract. Therefore, Moyun technology only recognizes that it has completed two live broadcasts, and the service fee of uncompleted live broadcasts shall be refunded.
The court of second instance held that since the number of live broadcasts agreed in the contract was 16, but the actual number of successful live broadcasts was 3, which was a serious breach of contract, and the actual sales had a huge difference between the guaranteed amount agreed in the contract as of the expiration of the contract, the compensation method for continuing to perform the supplementary broadcasting obviously could not achieve the purpose of the contract. Molun technology chose to refund reasonably according to the proportion of the number of live broadcasts that failed to be broadcast, That is, the total service fee of 418400 yuan (515000 * 13 / 16) shall be refunded to Moyun technology.
According to tianyancha data, Moyun technology is a 100% holding enterprise of Guangdong fresh orange Intelligent Technology Co., Ltd. (hereinafter referred to as “fresh orange technology”), which was founded by Mr. Huang Jian, the former president of the United States. Its product “Mr. orange juice” automatic vending machine was once popular in major markets.
Kwai Kwai technology and note beating is signed by Kwai Tai, but the Nandu reporters found the shop in a quick way to check the store. The store showed only one sales volume, and the fast account number of the shop was stopped in 2020. Tiktok is still all day long live broadcast, and its single product “TYOP1 rhytiktok massager” has also been sold on the vibro fascia release device, which has sold 4811 pieces.
(tiktok shop)
It is understood that it is not uncommon for such businesses to spend a lot of money to find stars to bring goods, but ultimately failed to achieve the expected effect. Star live broadcast once became the hardest hit area of “rollover” of live broadcast. Insiders told Nandu that unless it is a star who adheres to high-frequency live broadcasting, the effect of other stars who occasionally live broadcast and bring goods is very limited. Since 2021, with the frequent explosion of talent live broadcasting, it has become an irreversible trend for businesses to pay attention to store self broadcasting.
(Southern Metropolis Daily)
