(a) The account owner and the Arkansas Brighter Future Fund Plan Trust agree that by entering into a Participation Agreement the parties agree:
- (1) To resolve any controversy or claim arising out of or relating to the program or the Participation Agreement, or the breach, termination, or validity thereof, by arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures and its Policy on Consumer Arbitrations (except that if the program manager or investment manager is a party to the arbitration, it may elect that arbitration will instead be subject to the Code of Arbitration Procedure of the Financial Industry Regulatory Authority); and
- (2) Judgment on the award rendered in the arbitration may be entered in any court of competent jurisdiction.