Complete discounts, more and more brain-made discounts, induce many netizens to choose to enter the net red live broadcast directly to receive the store coupons, and face the net red high-tech recommended, the star blessing goods, can you not move?
Many merchants see this trendy online shopping drainage method, hoping to expand the popularity and sales of goods with net traffic, but the risks behind them are gradually appearing.
August 2020, A apparel company signed a \”a brand down jacket live broadcast promotion service agreement\”, and agreed that the network anchor of B cultural dissemination provides live band for A clothing company on a platform. Goods service, live broadcast time is 12:00 pm, 12:00 on September 4, 2020, live broadcast time should not be less than 540 minutes, and both parties pay 200,000 yuan. At the same time, the two parties agreed that the live product ended, the actual sales should reach 800,000 yuan. If it is not reached, it is necessary to return live broadcast before September 15 until the live event is the final actual sales reach 800,000 yuan. Complete sales, B Culture Communication Company can get the corresponding commission.
Accidentally, the live broadcast is frequently turned on. Not only is the central media name, but also a second, there are many consumers feedback in the live broadcast, and the quality of the clothes buy is too bad. Live on the same day, the statutory representative of A apparel company was required to stop live broadcast, stop traffic, live broadcast. The live sales sales in the same day is 160,000 yuan.
After a few days, the A clothing company requested that the B cultural dissemination company will return live, but the other party refuses to arrange time with network red anchors. A Apparel Company requested that B cultural dissemination has returned to 160,000 yuan in traffic, and then rejected by the other party, A clothing company resort to the court.
B cultural communication company argued that the live broadcast did not meet the sales of sales was caused by the A clothing company itself, and I also invested 200,000 yuan of traffic promotion fees, so I didn’t agree to return A clothing company traffic promotion. fee.
After the court held, the live broadcast promotion service agreement signed by the A apparel company and B cultural dissemination is expressed as voluntary and real meaning, and it does not violate the law, administrative regulations, and legal effective, both parties Should be fulfilled. At the signing of the A clothing, I will pay the full traffic promotion fee after the agreement. B cultural communication companies should also perform contractual obligations in accordance with the contract, and the agreement clearly agreed that B cultural communication company provided live goods. Sales, B cultural communication company live broadcast did not reach sales, constitute a breach of contract.
However, for the refunded traffic promotion fee, the first, no live broadcast is not reached in the agreement, and the B culture dissemination company is returned to the flow promotion fee paid by the apparel company. Second, A apparel company requested the behavior of the early end of the goods to end in advance, obviously seriously affecting the fulfillment of B cultural communication companies. Third, B cultural communication companies have not fulfilled their obligations on the backfinder on time. Therefore, in conjunction with the actual performance of this agreementSituation, A apparel company’s relevant behavior and the default level of B culture communication company, as appropriate, determined that B cultural communication company refund A costume company traffic promotion fee of 100,000 yuan.
After the judgment, the B cultural communication company actively fulfilled the judgment.
The judge said
As an emerging marketing form, it has played a positive role in achieving the industrial chain, supply chain and consumption chain, and enhancing consumption has played a positive role, but thus The disputes caused are constantly emerging.
Network anchor is a live promotion agreement signed by the merchant, which is not the same as the traditional service agreement, because the network live broadcast is promoted, but more, the number, traffic, attention, etc. The purpose of achieving sales of goods. Therefore, such protocols have strong personal properties, and should be combined with the purpose of the contract and the agreed sales sales of the parties as the network anchor is fully fulfilled.
It is recommended that the parties have clearly agreed to the live betting sales in the live broadcast contract, and the calculation method or amount of the payback fee is clearly explicitly reached on the situation where the sales target cannot be reached. Of course, the principal should also abide by the principle of honesty and credit, and may not maliciously obstruct the performance of the live goods contract.
(Source: Shanghai Jinshan Court WeChat Public Number Author: Liu Fen comics: Mono)
[Editor: Liu Yan]
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