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Ambassador Program Terms

Effective date: October 16, 2026 · Version 1.0

Key terms at a glance

This summary is for convenience only. If anything here differs from the full Terms below, the full Terms control.

Topic What it means
Who can join Legal US residents, 18 or older. No minimum follower count.
Commission 20% of Net Sales on Qualifying Orders at the Starter level. Higher levels can unlock more.
Attribution Your Referral Link only. Last click, within 30 days of the click.
Payouts Every two weeks once commissions are Approved and your balance is at least $50. Paid in USD. All payment fees are yours.
Ambassador Price 50% off for your personal use only. No resale.
Your content You own it. Miamara may use it, including in paid ads, during the Program and for 12 months after. Organic use has no end date. Miamara’s use of your Content, including in ads, does not earn you any commission.
Disputes Binding individual arbitration. No class actions. You can opt out within 30 days.

Contents

1. About the Program and your acceptance

1.1 Agreement. These Ambassador Program Terms (the "Terms") are a binding agreement between you and MIAMARA LLC, a Delaware limited liability company doing business as Miamara ("Miamara", "we", "us"). They govern your participation in the Miamara Ambassador Program (the "Program").

1.2 How you accept. You accept these Terms by clicking "Become an ambassador" when you register, or by taking part in the Program in any way. Your electronic acceptance has the same legal effect as a handwritten signature under the federal E-SIGN Act and applicable state law. If you do not agree, do not register and do not use the Program.

1.3 Included documents. These Terms include the Program Rules in Section 10 and the Miamara Ambassador Privacy Notice, which is incorporated by reference. Your purchases on miamara.com are also governed by the Miamara Terms of Service and Privacy Policy.

1.4 The Program is free. You never pay a fee or make a purchase to join or stay in the Program.

1.5 IMPORTANT ARBITRATION NOTICE. SECTION 18 REQUIRES YOU TO RESOLVE DISPUTES WITH MIAMARA THROUGH BINDING INDIVIDUAL ARBITRATION. YOU GIVE UP YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS OR REPRESENTATIVE ACTION. YOU MAY OPT OUT WITHIN 30 DAYS AS EXPLAINED IN SECTION 18.8.

1.6 Key definitions.

  • Dashboard: your ambassador space at ambassador.miamara.com.

  • Referral Link: any tracking link Miamara gives you, including product links created in the Dashboard.

  • Order: a purchase placed on miamara.com.

  • Qualifying Order: an Order that meets all requirements in Section 5.3.

  • Net Sales: the amount defined in Section 5.2.

  • Pending Period: the review period defined in Section 5.5.

  • Ambassador Price: the personal discount described in Section 7.

  • Content: the material defined in Section 12.1.

  • Related Person: anyone in your household, your immediate family, anyone acting for you or with you, and any business or account you own or control.

1.7 Order of precedence. If documents conflict, this order applies: (a) a separate written agreement signed by both parties, but only for the collaboration it covers; (b) these Terms; (c) campaign or level terms shown in the Dashboard.

2. Eligibility

2.1 Requirements. To join and stay in the Program, you must:

  • be at least 18 years old and the age of majority where you live;

  • be a legal resident of one of the 50 United States or the District of Columbia;

  • have a valid US taxpayer identification number and provide a completed IRS Form W-9;

  • have a payout account in your own name, or in the name of your business, that is accepted in the Dashboard;

  • not be an employee, officer, member, contractor or agent of Miamara, or a Related Person of one;

  • not be named on any US government sanctions list, and not be owned or controlled by anyone who is;

  • have genuine social media accounts with no purchased followers or engagement;

  • not have been removed from the Program before, unless Miamara agrees in writing.

2.2 No follower minimum. There is no minimum follower count.

2.3 Business entities. You may join through a business you own. If you do, the person accepting these Terms confirms they can bind that business, the business becomes the participant, and that person stays personally responsible for complying with these Terms.

2.4 Changes. Miamara may update eligibility requirements at any time. If you stop meeting them, you must tell us at hello@miamara.com, and Miamara may end your participation under Section 15.

3. Joining and your account

3.1 Approval. Miamara decides at its sole discretion whether to approve any application, and may approve applications automatically. Miamara may later revoke an approval if it learns that you did not meet the requirements in Section 2.

3.2 No guarantee. Joining does not entitle you to any money, product, gift or collaboration. Miamara makes no promise about traffic, sales or earnings. You confirm that you are not relying on any earnings estimate or example.

3.3 Your login. You access the Dashboard by signing in to your Miamara customer account with a one-time code sent to your email. Your login email is linked to your commissions, your Ambassador Price and your payouts.

3.4 One account. You may hold one ambassador account. Do not share your login or let anyone else use your account.

3.5 Accurate information. Keep your name, contact, payout and tax information accurate and up to date. To change your login email, write to hello@miamara.com. Miamara may ask you to verify your identity before approving a change or a payout.

3.6 Responsibility. You are responsible for everything done through your account and your Referral Links. Tell us right away at hello@miamara.com if you believe your account has been used without your permission.

4.1 Your links. Your Referral Links are available in the Dashboard. Commissions are earned only through Referral Links. At the Starter level there are no discount codes for your followers.

4.2 Attribution rule. An Order is credited to you only if all of these are true:

  • the customer clicked your Referral Link;

  • the customer placed the Order within 30 days of that click;

  • your Referral Link was the last referral link the customer clicked before placing the Order ("last click").

4.3 Tracking limits. Attribution relies on cookies and similar technology. Miamara does not guarantee that an Order will be tracked if the customer uses another device or browser, blocks or deletes cookies, uses tracking protection, or buys through an in-app browser that does not keep the click.

4.4 Miamara's records decide. Miamara's tracking system decides whether an Order is attributed to you. You may challenge a result only through the process in Section 5.7.

4.5 Changes. Miamara may change the attribution window or method under Section 16. A change never affects Orders placed before it takes effect.

5. Commissions

5.1 Rate. At the Starter level you earn 20% of Net Sales on each Qualifying Order. Rates for higher levels and any time-limited promotional rates are shown in the Dashboard. A promotional rate ends automatically on its stated end date.

5.2 Net Sales. Net Sales means the amount Miamara actually receives for the merchandise in an Order, after all discounts, credits and promotions. It excludes shipping, taxes, duties, gift cards, gift wrap and any other fees. Net Sales are reduced by any amount later refunded.

5.3 Qualifying Order. An Order is a Qualifying Order only if:

  1. it is attributed to you under Section 4;

  2. it was not placed by you or a Related Person;

  3. Miamara received full payment for it;

  4. at the end of the Pending Period it has not been cancelled, returned, refunded, charged back or disputed;

  5. your Referral Link and your account were active and in good standing when the Order was placed;

  6. the Content and link that led to the Order complied with these Terms, including the disclosure rules in Section 9, when the Order was placed.

5.4 Orders that never earn commission.

  • Orders placed by you or a Related Person, including Orders placed at the Ambassador Price.

  • Orders bought for resale, wholesale or any commercial use.

  • Orders split up to get around these Terms.

  • Orders from bots, scripts, fake accounts or other artificial activity.

  • Orders generated through any method prohibited in Section 10.

  • Gift card purchases.

  • Orders placed after your participation was suspended or ended.

  • Orders that Miamara reasonably determines were affected by fraud or by a breach of these Terms.

To identify these Orders, Miamara may review payment details, shipping and billing addresses, account data, device and network data, and buying patterns. A high number of Orders alone is not treated as a violation.

5.5 Pending Period and approval. Each commission first shows as Pending. It becomes Approved when the Pending Period ends, which is 30 days after the Order date, provided the Order is still a Qualifying Order. If part of an Order is returned, the commission is reduced in proportion.

5.6 Reversals and offset. If an Order for which you were credited or paid is later refunded, charged back, or found not to qualify, Miamara may reverse the commission. Miamara may recover the amount by deducting it from your future commissions or by asking you to repay it within 30 days.

5.7 Statements and disputes. The Dashboard shows your Orders, commissions, adjustments and payouts. You must review it regularly. To dispute an amount, email hello@miamara.com within 60 days of the payout date, or the date a payout should have been made, and list the Orders and your reasons. Miamara will respond within 30 days. Amounts not disputed within 60 days become final. You must use this process before starting any arbitration about commissions. Any limitation period is paused while Miamara reviews your dispute.

6. Payouts and taxes

6.1 Schedule. Approved commissions are paid automatically every two weeks, once your Approved balance reaches $50. A lower balance rolls over to the next payout.

6.2 Payout methods. You can choose PayPal or any other payout method offered in the Dashboard. You must set up your payout method and keep its details correct. A payment sent to the details you provided fully settles that amount.

6.3 Fees. You pay all fees for receiving your payouts, whatever method you choose. This includes transfer, processing, platform, bank and currency conversion fees. These fees may be deducted from your payout. Miamara is not responsible for delays or errors caused by a payment provider.

6.4 Currency. All payouts are made in US dollars.

6.5 Taxes. You are solely responsible for all taxes on your earnings and on any gifted products. You must provide a completed IRS Form W-9 before your first payout, and Miamara may hold payouts until you do. Miamara may withhold any amount the law requires, including backup withholding, and may file information returns such as Form 1099 where required.

6.6 Holds. Miamara may hold a payout while it reviews suspected fraud, a suspected breach of these Terms, or missing payout, tax or identity information. Section 15.6 explains how held commissions are handled.

6.7 Overpayments. If you receive more than you are owed, you must repay the difference promptly. Miamara may also deduct it from future payouts.

6.8 Unclaimed payouts. If a payout fails because your details are invalid, Miamara will notify you at your login email. If you do not provide valid details within 12 months of that notice, Miamara may treat the amount as unclaimed, as permitted by applicable law.

7. Ambassador Price

7.1 The benefit. While you are an active ambassador, you get 50% off eligible products on miamara.com. The discount applies automatically at checkout when you are signed in with your login email.

7.2 Personal use only. The Ambassador Price is for you alone. You may not:

  • resell, rent or use for any commercial purpose any item bought at the Ambassador Price;

  • place Orders for other people or let others use your account;

  • share your login, or any discount the Ambassador Price creates.

7.3 Limits. Miamara may set purchase limits, such as a maximum quantity per Order or per month. It may cancel Orders that exceed those limits or appear to be for resale.

7.4 No commission. Orders at the Ambassador Price never earn commission. The Ambassador Price cannot be combined with other discounts unless Miamara says otherwise.

7.5 Store terms apply. These Orders follow the Miamara Terms of Service and return policy.

7.6 Changes. Miamara may change, suspend or end the Ambassador Price at any time. It ends automatically when your participation ends.

7.7 Misuse. If you misuse the Ambassador Price, Miamara may cancel the affected Orders, remove the benefit, end your participation, and recover the difference between the full price and the price you paid.

8. Levels, gifting and paid collaborations

8.1 Levels. The Program has levels with different rates and perks, described in the Dashboard. Miamara decides at its discretion who moves to another level, based on results and compliance. Miamara may change the level structure for the future under Section 16.

8.2 Gifting. Any gifted product is at Miamara's discretion. Unless a separate written agreement says otherwise, a gift does not oblige you to post, and is not payment for any specific Content. Gifts may count as taxable income, which is your responsibility.

8.3 Follower codes. Higher levels may include a personal discount code for your followers. Its rules will be shown in the Dashboard.

8.4 Paid collaborations. Paid content, fixed fees or similar deals require a separate written agreement signed by both parties. These Terms apply to that collaboration unless the separate agreement says otherwise.

8.5 No promise. Nothing in this Section guarantees that you will reach any level or receive any gift or collaboration.

9. Disclosure and advertising law

9.1 The law. You must follow the FTC Act, the FTC Endorsement Guides (16 C.F.R. Part 255), the FTC rule on consumer reviews and testimonials (16 C.F.R. Part 465), state advertising laws and each platform's branded content rules.

9.2 Always disclose. Every post, story, video, livestream or link that promotes Miamara must clearly disclose your connection with Miamara. Acceptable examples:

  • "#ad"

  • "Miamara Ambassador"

  • "I earn a commission from Miamara"

9.3 How to disclose.

  • Put the disclosure at the start of the caption, before any "more" cut.

  • Do not hide it among other hashtags or links.

  • In videos with sound, show it on screen and also say it out loud.

  • In livestreams, say it at the start and repeat it regularly.

  • Use the same language as the rest of the post.

  • Also use the platform's paid partnership tool where available. That tool alone is not enough.

9.4 Not acceptable on their own: "#sp", "#spon", "#collab", "#ambassador", "thanks Miamara", or "link in bio".

9.5 Honest content. Share only your honest opinions about products you have actually used. Never make false or unsupported claims about price, materials, fit, sustainability, availability or delivery. Do not post reviews of Miamara products on miamara.com or on review sites.

9.6 Condition for commission. An Order counts only if the Content and link that led to it were properly disclosed when the Order was placed. Miamara may review your Content to check compliance and ask you to correct it. Once corrected, the Content qualifies again from that point on.

9.7 No earnings claims. Do not make claims about how much anyone can earn in the Program.

10. Program Rules and prohibited conduct

10.1 Your channels, your responsibility. You decide whether, when and how to promote Miamara. You are responsible for your channels, your Content and your compliance with the law and each platform's terms.

10.2 Prohibited conduct. You may not do any of the following.

Paid ads and the Miamara name

  • Bid on "Miamara", its variations or misspellings as keywords in any search or social ad.

  • Run paid ads that use Miamara's name, trademarks or brand assets, unless Miamara approves it in writing.

  • Register a domain name, handle, username, page or account that includes "Miamara" or anything confusingly similar.

  • Apply to register any trademark that is the same as or similar to a Miamara mark.

  • Pretend to be Miamara, an official Miamara account, or a Miamara employee.

Traffic and tracking

  • Post your links on coupon, deal, cashback or rebate sites or apps, or use browser extensions or toolbars to place them.

  • Use cookie stuffing, forced clicks, hidden frames, pop-ups, automatic redirects, or link masking that hides the miamara.com destination.

  • Post your links on Miamara's own accounts, or in the comments or posts of other creators.

  • Take or redirect credit for traffic created by another ambassador.

  • Offer money, rebates or rewards to people for clicking your link or buying, unless Miamara approves it in writing.

  • Run giveaways involving Miamara products without Miamara's written approval.

  • Use bots, fake accounts, or purchased followers or engagement.

Messaging

  • Send unsolicited or bulk emails, texts or direct messages, or use bought or scraped contact lists. You are the legal sender of your messages under CAN-SPAM, the TCPA and similar laws.

Content

  • Associate Miamara with sexually explicit, hateful, harassing, discriminatory, violent or illegal content.

  • Direct Content at children under 13, or feature minors in Content that promotes Miamara.

  • Promote counterfeit products or copies of Miamara products.

  • Alter Miamara products with editing or AI tools in a way that misrepresents them.

  • Use Miamara's photos, videos or other brand assets to train or develop any AI model.

  • Keep referring to a Miamara promotion after it has ended.

Customers

  • Handle Miamara Orders, returns or customer service. Send customers to hello@miamara.com.

  • Collect or store personal data of Miamara customers.

10.3 Consequences. Orders connected to a violation do not qualify for commission. Miamara may also reverse commissions under Section 5.6, and suspend or end your participation under Section 15.

11. Miamara brand assets and trademarks

11.1 Ownership. Miamara and its licensors own the Miamara name, logos, trademarks, product photos, videos, website and all other Miamara materials ("Brand Assets"). These Terms give you no ownership of them.

11.2 Your license. While you are an active ambassador, Miamara grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the Brand Assets made available in the Dashboard or on miamara.com. You may use them only to promote Miamara on your own channels, without changing them, and in line with any brand guidelines Miamara provides.

11.3 Goodwill. All goodwill from your use of the Miamara marks belongs to Miamara.

11.4 End of the license. The license ends when your participation ends. You must then remove your Referral Links and any Brand Assets supplied by Miamara from your channels. You do not have to delete your own original Content, but it must no longer contain active Referral Links.

12. Your Content and the content license

12.1 What Content means. Content means any post, photo, video, story, reel, livestream, caption, review or other material you create that features, mentions, tags or links to Miamara or its products.

12.2 You own your Content. You keep ownership of your Content.

12.3 License to Miamara. You grant Miamara and its affiliates a non-exclusive, worldwide, royalty-free and fully paid license to use your Content in any media, now known or later developed. This includes the right to:

  • copy, display, publish and distribute it;

  • edit and adapt it, for example by cropping, resizing, shortening, adding subtitles, text, music or Miamara branding, or combining it with other material;

  • use it on the Miamara website, in email and SMS, on Miamara's social media accounts, and in print;

  • use it in paid advertising on any platform, including Meta, TikTok, Google and Pinterest, including partnership ads, whitelisted or allowlisted ads, and Spark Ads.

Miamara may let its agencies, service providers and advertising platforms use the Content on its behalf, and may transfer this license to a successor.

12.4 Name and likeness. For the uses in Section 12.3, you also grant Miamara the right to use your name, username or handle, image, likeness, voice and any biographical details shown in your Content or provided by you. This includes identifying you as a Miamara ambassador. Miamara will not attribute to you statements you did not make.

12.5 How long the license lasts.

Type of use Duration
Organic use (website, email, SMS, Miamara social media, print) No end date
Paid advertising While you are in the Program, plus 12 months after your participation ends

After the paid advertising period ends, Miamara will stop starting new paid ads with your Content. Ads already running may continue until they reach the end of that period.

12.6 Partnership ad access. Miamara may ask you to grant ad permissions through a platform's tools, such as Meta partnership ads or TikTok Spark Ads authorization codes. You agree not to refuse a reasonable request without a good reason, and not to withdraw a permission during the paid advertising period unless you have a good reason.

12.7 Edits and credit. You have no right to approve Miamara's edits. Miamara will not edit your Content in a way that materially changes the meaning of what you said, or presents you falsely. Miamara may credit you, but is not required to. To the extent allowed by law, you waive any moral rights in the Content.

12.8 Your promises about Content. You confirm that:

  • you own or have permission to use everything in your Content, including music, artwork and locations;

  • every person who appears in your Content has given you written permission for the uses in this Section;

  • your Content does not infringe anyone's intellectual property, publicity or privacy rights.

If your Content uses music licensed only through a platform, Miamara may replace that music before using it in ads.

12.9 No further payment. Your commissions, the Ambassador Price and the other Program benefits are full compensation for this license. Miamara’s use of your Content, including in ads, does not earn you any commission. Miamara has no obligation to use your Content.

12.10 Removal requests. After the paid advertising period ends, you may ask Miamara to stop new uses of specific Content by emailing hello@miamara.com. Miamara will make reasonable efforts to do so within 30 days. Miamara does not have to remove past posts on its own accounts, or materials already printed, emailed or otherwise distributed.

12.11 Feedback. Miamara may freely use any ideas or suggestions you share about Miamara or the Program.

13. Independent contractor

13.1 Your status. You are an independent contractor. You are not Miamara's employee, partner, agent, franchisee or joint venturer, and you cannot bind Miamara.

13.2 What that means.

  • You decide whether, when, where, how often and how to promote Miamara. There are no hours, quotas, scripts or posting schedules.

  • You may work with other brands, including competitors. You may not use Miamara's Brand Assets to promote them.

  • You provide your own equipment, software, internet access and any help you hire, at your own cost. Miamara does not reimburse expenses.

  • You are paid only commissions on Qualifying Orders. There is no salary, retainer, hourly rate or minimum payment.

  • You receive no employee benefits.

  • You are responsible for your own taxes, insurance, licenses and permits.

  • If you hire anyone to help you, they work for you, and you remain responsible for their compliance with these Terms.

  • The rules in these Terms exist only to comply with the law and to protect Miamara's brand and intellectual property. They do not control how you work.

  • There is no minimum activity. If you do not promote Miamara, you simply earn no commission.

14. Confidentiality, public statements and non-disparagement

14.1 Confidential information. Keep confidential all non-public information you receive about Miamara and the Program. This includes unreleased products, launch dates, campaigns, internal processes and any customer data. This duty lasts while you take part and for 3 years after, and for as long as the information remains a trade secret.

14.2 Exceptions. The duty does not cover information that becomes public through no fault of yours, that you already knew, or that the law requires you to disclose. In that last case, tell Miamara first where the law allows. You may always share your own commission rate, your own earnings and these Terms.

14.3 Embargoes. Do not post about a product or campaign before the date Miamara gives you.

14.4 Public statements. Do not issue press releases or statements that claim to speak for Miamara. You may say that you are a Miamara Ambassador.

14.5 Non-disparagement. While you take part and after, do not make statements about Miamara, its owners, employees or products that are defamatory or that you know are false or misleading. Nothing in these Terms stops you from sharing honest reviews and opinions, or from reporting to a government agency.

14.6 Miamara publicity. Miamara may promote the Program and may identify you as a Miamara ambassador.

15. Term, suspension and termination

15.1 Term. These Terms start when you accept them and continue until your participation ends.

15.2 You may leave at any time. Email hello@miamara.com or use the Dashboard. Your exit takes effect when we receive it.

15.3 Miamara may end your participation at any time. Miamara may suspend or end your participation, for any reason or no reason, by notice to your login email. The notice takes effect when sent unless it says otherwise.

15.4 Termination for cause. Without limiting Section 15.3, Miamara will usually act immediately, and will state the reason, if:

  • you breach these Terms;

  • Miamara suspects fraud, artificial traffic or manipulation of commissions;

  • your participation creates a real risk of legal, regulatory or reputational harm to Miamara;

  • you engage, on or off the Program, in conduct that is unlawful, hateful, harassing, discriminatory, violent or sexually exploitative and that creates a real risk of harm to the Miamara brand;

  • you try to rejoin after being removed, directly or through someone else;

  • you no longer meet the eligibility requirements;

  • your account has had no Qualifying Orders for 12 months.

Miamara may also suspend your participation while it investigates any of these.

15.5 Program changes. Miamara may change, pause or end the Program at any time.

15.6 What happens to your commissions.

  • Approved commissions on Qualifying Orders placed before your participation ended are paid on the normal schedule, after the Pending Period. Your final payout is made even if it is below $50.

  • No commission is earned on Orders placed after your participation ends, even if the click happened earlier.

  • If your participation ends for cause, Miamara may withhold, cancel or recover any commission arising from or affected by the violation. Miamara may also deduct any amount you owe under these Terms. Miamara will give you a written decision on held commissions within 60 days.

15.7 After your participation ends. Your Referral Links stop working, your Ambassador Price ends, and you must comply with Section 11.4.

15.8 Survival. Sections 5.6, 5.7, 6, 12, 13, 14, 15.6, 17, 18 and 19 continue to apply after your participation ends.

16. Changes to these Terms

16.1 Updates. Miamara may update these Terms by posting a new version with its effective date.

16.2 Notice of material changes. For material changes, Miamara will email you and post a notice in the Dashboard at least 14 days before they take effect. Material changes include changes to commission rates, the attribution window, the payout schedule and the content license.

16.3 Changes to arbitration. Changes to Section 18 take effect 30 days after notice. They never apply to a dispute already started, or to one Miamara already knew about, before the change.

16.4 No retroactive effect. No change applies to Orders placed before it takes effect. Time-limited promotions shown in the Dashboard start and end on their stated dates.

16.5 Your choice. If you continue in the Program after a change takes effect, you accept it. If you do not agree, you may leave under Section 15.2, and your commissions earned before the change will be paid as usual.

17. Your promises, indemnity and limits on liability

17.1 Your promises. You confirm that:

  • you have the right to accept these Terms;

  • accepting them does not break any other agreement you have;

  • all information you give Miamara is true and kept up to date;

  • your followers and engagement are genuine;

  • your channels are not directed at children under 13;

  • you will comply with all laws and platform terms that apply to your participation.

17.2 Indemnity. You will defend, indemnify and hold harmless Miamara and its affiliates, members, managers, officers, employees and agents from all claims, losses, damages, fines, penalties, costs and reasonable attorneys' fees arising from:

  • your breach of these Terms;

  • your Content;

  • your violation of any law, including FTC rules, or of any platform terms;

  • claims by anyone who appears in or contributed to your Content;

  • the way you run your channels;

  • your taxes.

Miamara may control the defense of any such claim. You may not settle a claim without Miamara's written consent.

17.3 Disclaimer. The Program, the Dashboard, the Referral Links and the tracking system are provided "as is" and "as available". To the fullest extent allowed by law, Miamara disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Miamara does not promise that the Program will be uninterrupted, error-free or that tracking will be accurate.

17.4 No indirect damages. To the fullest extent allowed by law, Miamara is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue or opportunities, even if Miamara was told they were possible.

17.5 Liability cap. To the fullest extent allowed by law, Miamara's total liability for all claims relating to the Program is limited to the greater of (a) the commissions paid or payable to you in the 6 months before the event giving rise to the claim, or (b) $100. This limit does not apply to liability that cannot be limited by law, including liability for fraud, gross negligence or willful misconduct. If a court or arbitrator finds this limit unenforceable, it will be applied to the maximum extent allowed by law.

17.6 Remedies. If Miamara breaches these Terms, your remedy is money damages. You may not seek to stop or restrain the Program, the website, or any Miamara marketing or campaign. Either party may still seek an injunction to protect its intellectual property.

18. Dispute resolution and binding individual arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED AND YOUR RIGHT TO GO TO COURT.

18.1 Informal resolution first. Before starting an arbitration, the party with a claim must send a written notice to the other. Notices to Miamara go to hello@miamara.com. Your notice must include your full name, login email, mailing address, a description of the claim and the relief you seek, and must be signed by you personally. The parties will then try in good faith to resolve the dispute for 60 days. Either party may ask for a call or video meeting during that time. Limitation periods are paused during these 60 days. For disputes about commission amounts, you must first use the process in Section 5.7.

18.2 Agreement to arbitrate. If the dispute is not resolved, you and Miamara agree that any dispute, claim or controversy arising out of or relating to these Terms or the Program will be resolved only by final and binding individual arbitration. This includes claims in contract, tort, statute or any other theory, and claims that you were misclassified as an independent contractor. The arbitrator, not a court, decides all questions about the scope, validity and enforceability of this Section, except as stated in Section 18.5.

18.3 Exceptions. Either party may (a) bring an individual claim in small claims court, as long as it stays there, and (b) ask a court for an injunction to protect its intellectual property.

18.4 Rules and procedure.

  • The Federal Arbitration Act governs this Section.

  • The arbitration is administered by National Arbitration and Mediation ("NAM") under its rules then in effect, including its Mass Filing Supplemental Dispute Resolution Rules where applicable.

  • One neutral arbitrator decides the dispute.

  • Hearings take place by video, or in person in the county where you live if the arbitrator decides that is needed.

  • The arbitrator may grant any individual relief a court could grant, and must issue a written, reasoned decision.

  • Fees are paid as set by NAM's rules and applicable law. If you show that the costs of arbitration would be prohibitive compared with going to court, Miamara will pay as much of them as needed to make the arbitration affordable for you.

18.5 Class action and jury trial waiver. YOU AND MIAMARA MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND MIAMARA EACH WAIVE THE RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for a particular claim, that claim must be decided by a court, not by arbitration, after the individual arbitration is finished. Any representative claim that cannot be waived by law will be stayed until the individual claims are arbitrated.

18.6 Mass arbitration. If 25 or more similar demands are filed by or with the help of the same law firm or organization, they will be handled in batches of up to 25 demands under NAM's mass filing rules. Each batch is treated as one case for fees and scheduling. You agree to cooperate in good faith with this process. Limitation periods are paused for demands waiting in a later batch.

18.7 Courts. Any dispute not subject to arbitration, including if you opt out, will be decided only by the state or federal courts located in the State of Delaware. You and Miamara consent to their jurisdiction.

18.8 Your right to opt out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms. Email hello@miamara.com with the subject "Arbitration Opt-Out" and include your full name, mailing address, login email, phone number, and a clear statement that you opt out. Opting out does not affect any other part of these Terms.

18.9 Severability. If any part of this Section is found invalid, that part is removed or limited and the rest stays in force, except as stated in Section 18.5.

18.10 Survival. This Section continues to apply after your participation ends.

19. General terms and contact

19.1 Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 18.

19.2 Notices to you. Miamara may send notices to your login email or post them in the Dashboard. A notice is received when sent or posted.

19.3 Notices to Miamara. Send notices to hello@miamara.com.

19.4 Text messages. If you give us your mobile number, you agree to receive account and Program texts. Marketing texts need your separate consent, which is never required to take part. Reply STOP to unsubscribe. Message and data rates may apply.

19.5 Privacy. The Miamara Ambassador Privacy Notice explains how Miamara collects and uses your personal information in the Program.

19.6 Assignment. You may not transfer these Terms or your account without Miamara's written consent. Miamara may transfer these Terms, including to an affiliate or a buyer of its business.

19.7 Entire agreement. These Terms, including the documents named in Section 1.3, are the entire agreement about the Program. They replace any earlier discussions about it.

19.8 Severability and waiver. If any part of these Terms is found unenforceable, the rest stays in force. Not enforcing a right is not a waiver of it.

19.9 Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, such as natural disasters, pandemics, cyberattacks, platform outages or government action.

19.10 Other terms. No third party has rights under these Terms. Miamara may offer different terms to other participants. Headings are for convenience only. These Terms are written in English, and any translation is for convenience only.

19.11 Contact. MIAMARA LLC, doing business as Miamara, hello@miamara.com.