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Air Movement and Control Association InternationalAMCA Corporate Headquarters30 W. University Drive, Arlington Heights, IL 60004-1893, [email protected] ▪ Ph: +1-847-394-0150 ▪ www.amca.org© 2016 Air Movement & Control Association International

PUBLICATION

AMCA Publication 11-16Certified Ratings Program Operating Manual

AMCA Publication 11-16

Certified Ratings Program Operating Manual

Air Movement and Control Association International 30 West University Drive Arlington Heights, Illinois

60004

AMCA Publications Authority AMCA Publication 11-16 was adopted by the membership of the Air Movement and

Control Association International Inc. on September 12, 2016.

Copyright © 2013 by Air Movement and Control Association International, Inc.

All rights reserved. Reproduction or translation of any part of this work beyond that permitted

by Sections 107 and 108 of the United States Copyright Act without the permission of the

copyright owner is unlawful. Requests for permission or further information should be

addressed to the Executive Director, Air Movement and Control Association International, Inc.

at 30 West University Drive, Arlington Heights, IL 60004-1893 U.S.A.

Objections Air Movement and Control Association International, Inc. will consider and decide all written

complaints regarding its standards, certification programs, or interpretations thereof. For

information on procedures for submitting and handling complaints, write to:

Air Movement and Control Association International

30 West University Drive

Arlington Heights, IL 60004-1893 U.S.A.

European Air Movement and Control Association

Nutkin Cottage

Barracks Road, Assington

Suffolk CO10 5LP

UK

Asia AMCA

27 Senoko Way (Level 2)

Singapore 758060

DIsclaimer AMCA uses its best efforts to produce standards for the benefit of the industry and the public

in light of available information and accepted industry practices. However, AMCA does not

guarantee, certify or assure the safety or performance of any products, components or

systems tested, designed, installed or operated in accordance with AMCA standards or that

any tests conducted under its standards will be non-hazardous or free from risk.

Review Committee David Johnson (Chair) Berner International Corp Jeffrey Blake Construction Specialties, Inc. Eric Gohring Air Balance, Inc Paul Lauritzen Big Ass Solutions Darren McArthur Broan-Nutone LLC Fernando A. Ruiz Equipos Electromecanicos, S.A de C.V. Tim Sutton Canarm Ltd Andy Timm The New York Blower Company Mark VanderKooy Greenheck Fan Corporation Joe Brooks AMCA International Staff

Contents 1. Purpose ............................................................................................................................ 1

2. Certified Ratings Program Participation Eligibility ......................................................... 1

3. Administration ................................................................................................................. 1 3.1 Administrator .............................................................................................................................................. 1

3.2 Promotion of the AMCA International Seal ................................................................................................ 1

3.3 Registering complaints ............................................................................................................................... 2

3.4 Confidentiality ............................................................................................................................................. 2

3.5 Section headings ....................................................................................................................................... 2

3.6 Impartiality .................................................................................................................................................. 2

4. Responsibilities of Parties ............................................................................................... 2 4.1 AMCA International staff responsibilities ................................................................................................... 2

4.2 Licensee’s responsibilities ......................................................................................................................... 2

5. Definitions ........................................................................................................................ 3 5.1 General ...................................................................................................................................................... 3

5.2 Classifications and types of companies ..................................................................................................... 5

6. Procedure for Participating in the AMCA International CRP ........................................... 7 6.1 Licensing procedure ................................................................................................................................... 7

6.2 Cataloging requirements ............................................................................................................................ 7

6.3 Units used in performance rating ............................................................................................................... 7

7. Certification Procedure ................................................................................................... 8 7.1 General procedure ..................................................................................................................................... 8

7.2 Detailed procedure ..................................................................................................................................... 8

7.3 Product testing ........................................................................................................................................... 8

7.4 Application for a product line license ......................................................................................................... 8

7.5 Data submittal requirements ...................................................................................................................... 9

7.6 AMCA International staff review of test data .............................................................................................. 9

7.7 Precertification check test .......................................................................................................................... 9

7.8 Submittal of proof copy of the catalog ..................................................................................................... 10

7.9 AMCA International staff review of proof copy of the catalog .................................................................. 10

7.10 Submit finished catalog .......................................................................................................................... 10

7.11 AMCA International staff review of published catalog and issuance of the appendix to the License Agreement ...................................................................................................................................................... 10

7.12 Third party catalogs ............................................................................................................................... 11

8. Other Certification Program Procedure Requirements ................................................. 11 8.1 Certification procedure for similar products (CRP-A)............................................................................... 11

8.2 Certification procedure for nameplated products (CRP-B) ...................................................................... 11

8.3 Certification procedure for products manufactured under license from another manufacturer (CRP-L and CRP-M) .......................................................................................................................................................... 11

9. Requirements for Maintaining the Certified Ratings License ....................................... 14 9.1 Catalog changes ...................................................................................................................................... 14

9.2 Design changes ....................................................................................................................................... 14

9.3 Check tests .............................................................................................................................................. 14

9.4 Test procedure ......................................................................................................................................... 15

9.5 Inspection of check test sample ............................................................................................................... 15

9.6 Comparison of data .................................................................................................................................. 16

9.7 Charges .................................................................................................................................................... 16

9.8 AMCA International purchased samples ................................................................................................. 16

9.9 Return of the check test sample .............................................................................................................. 16

9.10 Violations ................................................................................................................................................ 16

9.11 Complaint file ......................................................................................................................................... 18

10. AMCA International Certified Ratings Program Seal................................................... 19 10.1 Trademark .............................................................................................................................................. 19

10.2 Purchase of the AMCA International Certified Ratings Program Seals ................................................. 19

10.3 Reproduction of the AMCA International Certified Ratings Program Seal ............................................ 19

10.4 Other logos and marks ........................................................................................................................... 19

10.5 Permitted uses of the AMCA International Certified Ratings Program Seal .......................................... 19

10.6 Prohibited uses of the AMCA International Certified Ratings Program Seal ......................................... 19

10.7 Violations ................................................................................................................................................ 20

11. Catalogs and Publications ........................................................................................... 20 11.1 Performance catalogs ............................................................................................................................ 20

11.2 Electronic media catalogs ...................................................................................................................... 21

11.3 Required qualifying statements.............................................................................................................. 21

11.4 Catalogs containing licensed and non-licensed products or ratings...................................................... 21

11.5 Other publications .................................................................................................................................. 21

12. Challenge Test ............................................................................................................. 22 12.1 Challenge test procedure ....................................................................................................................... 22

12.2 Satisfactory challenge test ..................................................................................................................... 22

12.3 Failed challenge test .............................................................................................................................. 22

13. Directory of Licensed Products ................................................................................... 23

14. License Fees and Assessments .................................................................................. 23

15. Data Checking and Listing Charges ............................................................................ 23

16. Appeals and Settlement of Disputes ........................................................................... 23 16.1 Appeal procedure ................................................................................................................................... 23

16.2 Settlement of disputes ........................................................................................................................... 24

17. Changes to the Program .............................................................................................. 24

18. CRP Violation Administration Procedure ..................................................................... 24 18.1 Procedure ............................................................................................................................................... 24

18.2 Notification of the AMCA website CRP update directory ....................................................................... 24

18.3 Appeals .................................................................................................................................................. 24

Annex A License Agreement (Informative) ...................................................................... 27

Annex B Electronic Catalogs (Normative) ........................................................................ 33

B.1 Introduction .............................................................................................................................................. 33

B.2 Scope ....................................................................................................................................................... 33

B.3 Allowable performance modifications ...................................................................................................... 33

B.4 Required qualifying statements ............................................................................................................... 33

B.5 Certification of electronic performance data ............................................................................................ 34

B.6 Version numbers ..................................................................................................................................... 34

B.7 Identifying certified performance ............................................................................................................. 34

B.8 AMCA directory listings ........................................................................................................................... 34

Annex C Check Test Flow Chart (Informative) .................................................................. 35

AMCA Publication 11-16 | 1

Certified Ratings Program – Operating Manual

1. Purpose The purpose of the AMCA International Certified Ratings Program (CRP) is as follows:

To provide the buyer, user and specifier assurance that the manufacturer’s published performance ratings of air system components are reliable, accurate and in compliance with applicable national and international standards. Further, its purpose is to provide these parties with information on how the product was tested, what appurtenances were included and other pertinent information so that they may be able to select an air system component that will provide the performance required.

To provide a procedure for verification of the manufacturer’s performance ratings on a regular schedule by check testing the certified product line in the AMCA International Laboratory or an AMCA International independent accredited laboratory.

This document shall govern the AMCA International Certified Ratings Program and is to be used in conjunction with companion documents as applicable, such as AMCA Publications 111, 211, 212, 311, 511, 611, 1011 and all known applicable AMCA International Certified Ratings Program documents currently in use.

2. Certified Ratings Program Participation Eligibility The following entities shall be eligible to participate in the CRP:

Any manufacturer that is a member in good standing of AMCA International.

Any manufacturer that is not a member in good standing of AMCA International but is otherwise engaged in the design, fabrication, assembly and sale of air systems components as part of its standard operations and at such frequent intervals that such devices comprise regular product offerings may be eligible to participate in the program.

Any manufacturer that is engaged in the design, fabrication, assembly and sale of air systems components but that does not otherwise satisfy the criteria for membership in AMCA International may be eligible to participate in the program.

Any business that sells the product(s) of an AMCA-licensed manufacturer under the name of the selling company shall also be eligible to participate in this program with regard to the specific product(s) for which the licensed manufacturer has been licensed by AMCA to apply the CRP seal (henceforth referred to as the “AMCA International Certified Ratings Program Seal” or the “Seal”).

Any business licensed by an original manufacturer or parent company to fabricate, assemble and sell the product(s) of the original manufacturer or parent company shall also be eligible to participate in this program with regard to the specific product(s) for which the original manufacturer or parent company has been licensed by AMCA to apply the AMCA International Certified Ratings Program Seal.

3. Administration

3.1 Administrator The administration of the CRP shall be the responsibility of the executive director of AMCA International.

3.2 Promotion of the AMCA International Seal The executive director of AMCA International shall be responsible for promoting the use of the AMCA International Certified Ratings Program Seal.


3.3 Registering complaints Complaints regarding ratings, licensed products, misuse of the AMCA International Certified Ratings Program Seal or reference to the AMCA International Certified Ratings Program Seal shall be addressed to the executive director of AMCA International. These complaints shall be submitted in writing and shall be accompanied by supporting evidence (see Section 12).

3.4 Confidentiality The executive director of AMCA International and AMCA International staff shall keep all laboratory information, test data and related communications confidential.

3.5 Section headings Section headings used in this document are for convenient reference and do not alter the meaning of any section contained herein.

3.6 Impartiality The AMCA International Certified Ratings Program shall be administered impartially. An impartiality oversight committee (IOC) is tasked with ensuring that impartiality is safeguarded. The IOC shall be made up of key interested stakeholders and shall be balanced so that no single interest group predominates. The IOC will meet periodically and present its reviews, findings and recommendations to the program administrators. The IOC has the right to take independent actions if its recommendations are not followed.

4. Responsibilities of Parties

4.1 AMCA International staff responsibilities AMCA International staff is responsible for administering the CRP in accordance with the requirements set forth in this document. AMCA staff will verify that the performance ratings developed by the manufacturer were developed in accordance with the requirements of the CRP, conduct precertification test(s) to confirm the AMCA International licensee’s (henceforth referred to as “the Licensee”) test results and conduct check tests of the Licensee’s products as required by the CRP. Precertification tests shall have priority over check tests. AMCA International staff is also responsible for verifying that the catalogs published by the Licensee conform to the requirements of the program.

4.2 Licensee’s responsibilities The Licensee is responsible for certification, that the performance ratings of licensed products were developed in accordance with the requirements of this program and that the product provided to the Licensee’s customers performs within the tolerance allowed by this program. The Licensee is responsible for determining the number of sizes that need to be tested to establish performance ratings for the licensed product line. The Licensee is responsible for publishing a catalog in accordance with the requirements of this program. The Licensee shall provide, upon request, access to A2LA (American Association for Lab Accreditation) assessment teams to assess AMCA International’s performance of certification activities at the Licensee’s site. A2LA accredits the AMCA International Certified Ratings Program per the requirements of ISO/IEC 17065 and IAF/ILAC (International Accreditation Forum/The International Laboratory Accreditation Forum).


5. Definitions

5.1 General

5.1.1 AMCA International The Air Movement and Control Association International Inc., a non-profit corporation organized under the laws of the state of Illinois, having its principal office at 30 West University Drive, Arlington Heights, Illinois, 60004, USA.

5.1.2 AMCA International accredited laboratory A laboratory that has been accredited in accordance with AMCA Publication 111, Laboratory Accreditation Program. An accredited laboratory may be owned and operated by a Licensee with certified ratings or by an independent individual or organization.

5.1.3 AMCA International Laboratory The laboratory located at AMCA International's principal office in Arlington Heights, Illinois, USA, or at Asia AMCA located in Malaysia.

5.1.4 Independent accredited laboratory A laboratory commissioned by the AMCA International Board of Directors to perform precertification tests, check tests and challenge tests.

5.1.5 Certified rating A published performance rating of a product that the manufacturer or seller of the product certifies has been tested and rated in accordance with the requirements of the CRP and that has been licensed by AMCA International to bear the AMCA International Certified Ratings Program Seal.

5.1.6 AMCA International license A legal contract between AMCA International and a person, firm or corporation which authorizes participation in the AMCA International CRP and the affixing of the AMCA International Certified Ratings Program Seal to products listed in the appendices of the license. A separate appendix to AMCA International’s CRP license agreement (henceforth referred to as the “License Agreement”) will be issued for each certified product line. Annex A contains this License Agreement.

5.1.7 AMCA International Licensee A person, firm or corporation that enters into a license agreement with AMCA International to certify the ratings of a product or products in accordance with the requirements of this program.

5.1.8 AMCA International Certified Ratings Program Seal A registered trademark of AMCA International that can be applied to products to indicate that the product is licensed by AMCA International to bear this Seal. Seals are the property of AMCA International and may be used only on the particular product of the Licensee listed in the appendices of the License Agreement. Reproductions of the AMCA International Certified Ratings Program Seal may be used in catalogs and other publications only as permitted by Section 10.

5.1.9 Product line A series of product sizes with a common design purpose and similar aerodynamic features (or an individual product where only one size is offered for sale) that are cataloged under the same product description or name and/or identifying reference and that are within the scope of this program.

5.1.10 Public When used with the availability of a product line catalog, shall mean all users and specifiers, including competitors.

5.1.11 Catalog A record of performance ratings made available to the general public. Specific requirements for a catalog can be found in each AMCA International CRP product rating manual. Any printed or electronic


document, product selection program or database that is publicly available and contains a product description of a licensed product and performance ratings is a catalog. Catalog formats may include (but are not limited to):

Product selection programs, which are computer-based interactive tools for the configuration of a product item for a user-customized product rating. A product selection program differs from an electronic print catalog in that it responds to the actions of a user to present performance data.

Electronic print catalogs, which are similar to paper-based catalogs but are stored in an electronic print file, such as a PDF file or other similar type of electronic document. These types of catalogs are, for the purposes of the AMCA International CRP, treated the same as a paper-based catalogs.

Paper-based, which are generally referred to as “print catalogs.” AMCA International will scan, store and identify all paper-based catalogs as electronic print files.

A catalog is considered the primary catalog according to the following order of precedence:

1. Product selection program

2. Electronic print catalog

3. Paper-based catalog

Where multiple versions of a format exist, the primary catalog is the latest approved version.

5.1.12 Product similarity This will vary by product and is defined in each product rating manual.

5.1.13 Catalog data The performance ratings of each model and dimensional data of the product line in the specific format that is to be published.

5.1.14 Licensed product A product that has met the requirements of this program and for which an appendix to the License Agreement listing the product identification has been issued.

5.1.15 Directory of licensed products A directory of products licensed to bear the AMCA International Certified Ratings Program Seal. The directory is located on AMCA’s website.

5.1.16 Shall and should For purposes of this document, all other documents relating to the Certified Ratings Program and all AMCA International documents, the word “shall” denotes a mandatory requirement; the word “should” denotes an advisory statement.

5.1.17 CRP violation Any occurrence involving the AMCA International CRP that is a breach of the program rules defined by the program documents. Each CRP violation is listed in Table 3, with a reference to the section in the program documents that describes the violation and required actions to be taken.

5.1.18 License appendix withdrawal Any withdrawal that removes the product line completely from the AMCA International CRP. A withdrawal can be voluntary or enforced.

5.1.19 Enforced license withdrawal A withdrawal of a product line license from the AMCA International CRP resulting from a violation.

5.1.20 Voluntary license withdrawal A withdrawal of a product line license from the AMCA International CRP at the Licensee’s request (e.g., due to a product line becoming obsolete). A voluntary withdrawal should not imply any fault.


5.1.21 License suspension A temporary withdrawal of a product line license from the AMCA International CRP resulting from designated violations of the program. When a product line license is suspended, the suspension is displayed in AMCA International’s directory of licensed products for the designated time period. If, at the end of that time period, the condition causing the suspension is not resolved, the suspension becomes an enforced license withdrawal. A suspended product line temporarily loses its certification, but the Licensee is not required to change the product line’s approved catalog (unless or until the product line license is withdrawn).

5.1.22 CRP program documents Formal licensing procedures for all AMCA International's CRPs are contained in AMCA Publications 11, 211, 311, 511, 611 and 1011.

5.1.23 AMCA website CRP updates Three sections on the AMCA International website have been designated to augment the CRP directory of licensed products. The purpose of each section is as follows:

Non-licensed product section: this section lists product lines that are or were improperly or wrongfully identified as being AMCA-licensed. These product lines are not AMCA-certified.

Directory of violation notices: this is a listing of all known catalogs of licensed products that have been verified as not meeting all of the requirements of the AMCA International CRP and that could not be corrected in a specified grace period. These catalogs are not approved by AMCA International.

Enforced license withdrawals: this section lists product lines that were previously licensed by AMCA International but have been withdrawn as a consequence of a CRP violation. An enforced license withdrawal is taken as a final enforcement action after all corrective measures required by the CRP have been taken. These product lines are not AMCA-certified.

5.1.24 Alias An alternate name of a Licensee that can be used in lieu of Licensee’s corporate name in product catalogs and other publications associated with Licensee’s product. Aliases are also known as D.B.A.s (“doing business as”), A.K.A. (“also known as”), O.A. (“operating as”), brand names, etc. Aliases shall be identified in the License Agreement.

5.1.25 Third party catalog A catalog developed by an independent third party selling AMCA-licensed products under the Licensee’s name.

5.2 Classifications and types of companies

5.2.1 AMCA member Refer to AMCA International Bylaws.

5.2.2 AMCA joint member A joint member is a subsidiary of a member. Refer to AMCA International Bylaws.

5.2.3 Manufacturer An entity that makes a product through a process involving raw materials, components or assemblies, usually on a large scale with different operations divided among different workers. The manufacturer shall retain control of the overall design and the manufacturing process to ensure integrity of the products being manufactured.

5.2.4 Subsidiary A subsidiary corporation or company is one in which another, generally larger corporation, known as the parent corporation, owns all (wholly owned) or at least a majority of the shares. As the owner of the subsidiary, the parent corporation may control the activities of the subsidiary.


Subsidiaries can be formed in different ways and for various reasons. A corporation can form a subsidiary either by purchasing a controlling interest in an existing company or by creating the company itself. Corporations that operate in more than one country often find it useful or necessary to create subsidiaries. For example, a multinational corporation may create a subsidiary in a country to obtain favorable tax treatment, or a country may require multinational corporations to establish local subsidiaries in order to do business there. The parent corporation has the duty to promote the subsidiary’s corporate interests, to act in its best interest and to maintain a separate corporate identity.

5.2.5 Design authority The authority a parent company exercises over a subsidiary or a subcontractor in the manufacture of a licensed product. This authority ensures that the product of the subsidiary or a subcontractor is identical to the parent company products including, but not limited to:

Utilization of the same design;

Adherence to the same quality standard; and

Utilization of the same or similar drawing, tooling and tolerances.

5.2.6 Affiliate Signifies a condition of being united, associated or in close connection. In the context of business entities, a company effectively controlled by another company. For the purposes of this document and all other documents relating to the CRP, the term “affiliate” shall not refer to a CRP affiliate.

5.2.7 CRP affiliate An AMCA International CRP Licensee that is not an AMCA International member.

5.2.8 Merger The absorption of one company by another, the latter retaining its own name and identity and acquiring assets, liabilities, franchises and powers of the former, and the absorbed company ceasing to exist as a separate business entity.

5.2.9 Joint venture and/or joint venture partner A joint venture is a legal entity in the nature of a partnership engaged in the joint prosecution of a particular transaction for mutual profit. In most instances, it requires a community of interest in the performance of the subject matter; a right to direct and govern the policy in connection with the subject matter; and a duty, which may be altered by agreement, to share in both profits and losses. It is similar to a business partnership, with one key difference: a partnership generally involves an ongoing, long-term business relationship, whereas a joint venture is based on a single business transaction. One party shall have either a majority ownership and/or majority control as defined by the agreement.

5.2.10 Division A business or businesses fully integrated within the main company and not legally or otherwise distinct from it.

5.2.11 Licensing In a domestic as well as in an international context, a firm (the licensor) grants the rights of using its patents, trademarks, technology or know-how to another company (the Licensee).

5.2.12 Franchise A license from the owner of a trademark or trade name permitting another to sell a product or service under that name or mark. In addition, a franchise is a privilege, granted or sold, to use a name or to sell products or services. It is also a right given by a manufacturer or supplier to a retailer to use its products and name on terms and conditions mutually agreed upon. A franchise has evolved into an elaborate agreement under which the franchisee undertakes to conduct a business or sell a product or service in accordance with methods and procedures prescribed by the


franchisor, and the franchisor undertakes to assist the franchisee through advertising, promotion and other advisory services.

5.2.13 Assumed business names A Licensee conducting business under an assumed business name, trade name or fictitious business name (collectively, “assumed business name”) may use such assumed business name in lieu of the Licensee’s registered, legal name under the following conditions: (i) the assumed business name must be listed by the Licensee in Exhibit B and (ii) the Licensee must represent and warrant to AMCA International that its assumed business name is registered with a local or state government and that it is authorized to use and/or conduct business under such assumed business name. Licensee further agrees that it shall indemnify and hold AMCA International harmless from and against any claims asserted against AMCA International arising out of Licensee’s use of the assumed business name in connection with the Certified Ratings Program.

6. Procedure for Participating in the AMCA International CRP Eligible parties participate in the AMCA International CRP by first entering into a CRP License Agreement with AMCA International. Thereafter, any individual product line may be licensed to bear the AMCA International Certified Ratings Program Seal after the requirements of this program are met and an appendix to the License Agreement has been issued by AMCA International for the product line.

6.1 Licensing procedure An eligible applicant can obtain a CRP License Agreement from AMCA International by submitting a written request to the executive director. The License Agreement shall be signed by the owner or officer of the party seeking a license and Sealed if incorporated. Two signed/Sealed copies are to be sent to AMCA International, attention of the executive director. AMCA International will sign, Seal and return one copy of the License Agreement to the applicant. The board of directors of AMCA International will rule upon any question of eligibility of the applicant to participate in the program. The License Agreement shall be completed by both AMCA International and the applicant prior to the licensing of any product; however, it may be sent to AMCA International with submittal data on the first product for which licensing is requested.

6.2 Cataloging requirements The Licensee shall make available to the public a catalog which identifies the product(s) licensed to bear the AMCA International Certified Ratings Program Seal, gives performance ratings and dimensional data for the product(s), and is in compliance with the requirements of the Certified Ratings Program. The Licensee may publish performance data in the form of electronic media, which shall be considered a “catalog” for the purposes of this program. If a Licensee produces both electronic and paper catalogs, the ratings in each shall not deviate from one another by more than the tolerances allowed by the product rating manual. The Licensee shall also attest that the performance tables, AMCA statements, catalog verbiage, etc., are literal translation of the original approved catalog if translated and submitted in a local language.

6.3 Units used in performance rating All certified product performance under the scope of this program shall be portrayed using either SI units as defined in IEEE/ASTM SI-10-2002, Standard for Use of the International System of Units (SI): The Modern Metric System; inch-pound units; or a combination thereof. Conversion factors between these systems of units are found in ANSI/AMCA Standard 99, Section 0100. Note: For pressure, units such as mm wg. or mm Hg are satisfactory.


7. Certification Procedure

7.1 General procedure In general, the steps shown in Table 8.1 shall be completed in order for a product line to become licensed to bear the AMCA International Certified Ratings Program Seal. Table 8.1 — Summary of Steps to Certify a Product

Step Section Description Responsibility

A 7.3 Test the product(s) to be licensed Applicant

B 7.4 Apply for a product line license Applicant

C 7.5 Submit the required data Applicant

D 7.6 Staff review of submitted data AMCA

E 7.7 Conduct the precertification check test AMCA

I 7.11 Submit proof copy of catalog Applicant

J 7.12 Staff review of catalog proof copy AMCA

K 7.13 Submit finished catalog Applicant

L 7.14 Staff review of catalog and issuance of appendix AMCA

7.2 Detailed procedure The requirements for each of these steps are covered in detail below. The applicant may contact AMCA International, who will supply the applicant forms, support information, documents, data, etc.

7.3 Product testing The testing and rating procedures differ for various product categories and are defined in the applicable product rating manual (see Table 2). The product rating manual for the product line submitted should be reviewed in detail prior to beginning a testing program and submittal of an application. Table 2 — Product Rating Manual Table

Product Rating Manual Number Document Title

AMCA Publication 211 Product Rating Manual for Fan Air Performance

AMCA Publication 311 Product Rating Manual for Fan Sound Performance

AMCA Publication 511 Product Rating Manual for Air Control Devices

AMCA Publication 611 Product Rating Manual for Airflow Measurement Stations

AMCA Publication 1011 Certified Ratings Program for Acoustical Duct Silencers

The applicant is responsible for determining the number of sizes that need to be tested to establish performance ratings for the product line submitted for a Certified Ratings Program license. Test units shall be production units or preproduction units that are the same in geometric details as those offered to the public.

7.4 Application for a product line license Application for obtaining a license for a product line is made by completing an application for the AMCA International Certified Ratings Program Seal. The application is to be completed and sent to AMCA International along with the data required in Section 7.5. Each product line shall require a separate application.


AMCA International staff shall review the application and notify the applicant, if necessary, of any change or further information required to comply with the CRP. The application can be obtained at AMCA’s website or by contacting AMCA International staff.

7.5 Data submittal requirements AMCA International staff shall accept test data that was obtained in an AMCA International accredited laboratory or an AMCA International Laboratory for review only, in accordance with one or more of the test standards recognized in Annex A of AMCA Publication 111. The specific procedure and test data necessary for preparing performance ratings is defined in the applicable product rating manual.

7.6 AMCA International staff review of test data

7.6.1 Notification of test data compliance The data submitted in compliance with Section 7.5 shall be reviewed by AMCA International staff. They shall notify the applicant of any changes or if further information is necessary to comply with the requirements of the CRP.

7.6.2 Request for precertification test unit When the data submitted in accordance with Section 7.5 have been found to comply with the requirements of the CRP, AMCA International staff shall so advise the applicant and request the submittal of a test unit of the product series for a precertification test in the AMCA International Laboratory. AMCA International staff shall make the choice of the size of the unit to be submitted. The requirement for a precertification test shall be waived if all of the tests on the product line were performed in the AMCA International Laboratory.

7.7 Precertification check test

7.7.1 Purpose The purpose of the precertification check test is to establish that the product will perform as shown by the applicant’s test results.

7.7.2 Precertification test sample

7.7.2.1 CRP-5, CRP-6, CRP-8 and CRP-10 For products certified under a CRP-5, CRP-6, CRP-8 or CRP-10, the precertification test shall be conducted on a size and configuration tested to establish the product’s ratings, except where noted in the applicable product rating manual. A precertification test shall be conducted on each product line.

7.7.2.2 CRP-L and CRP-M For products certified under a CRP-L or CRP-M, only one size from one product line shall be chosen for the precertification check test, regardless of the number of product lines submitted for certification at any one time. The size and product line shall be chosen by AMCA International staff. A subsequent submittal for certification at a later time shall require a subsequent precertification check test, and so on. All other requirements of the precertification check test shall remain applicable. If transferring products from a CRP-L to a CRP-M, there will be no requirement for a precertification check test.

7.7.3 Precertification test The selected unit shall be tested by AMCA International in accordance with the applicable sections of the product rating manual and the instructions of the applicant.


7.7.4 Precertification test results AMCA International staff shall advise the applicant in writing of the results of the precertification check test. If the test results are within the check test performance tolerances specified in the applicable product rating manual, the applicant’s test data shall be accepted by AMCA International staff. If the test results are not within the precertification check test tolerances specified in the applicable product rating manual, the applicant’s test data shall not be accepted by AMCA International staff. If the test results are outside of the precertification check test tolerances, the applicant may correct the test unit and repeat the precertification test or use the AMCA International test results for rating the product. Except where the product line ratings are based on the test of only one unit, AMCA International staff shall request submittal of another size of the applicant’s test units for an additional precertification check test. The procedure shall be repeated if the second precertification check test fails, and so on.

7.8 Submittal of proof copy of the catalog A proof copy of the catalog shall be submitted to AMCA International staff for verification of both the performance data and conformance to the requirements for use of the AMCA International Certified Ratings Program Seal. For catalogs printed in a language in which AMCA International staff or duly authorized independent agents of AMCA International are not proficient, a translation shall be provided (in a language which AMCA International staff or agents are proficient) and its accuracy certified by an officer of the Licensee. Note: For licensed product lines transferred from a CRP-L to a CRP-M basis, a submittal of a proof copy of a catalog is not required

7.9 AMCA International staff review of proof copy of the catalog AMCA International staff shall review the proof copy of the catalog and verify that the catalog data is correct and that the catalog conforms to the use of the AMCA International Certified Ratings Program Seal in accordance with Sections 10 and 11. AMCA International staff shall advise the applicant if there are any changes or corrections required to meet the requirements of this program. When all requirements have been met, AMCA International staff shall notify the applicant that the proof copy of the catalog satisfies the requirements of this program. AMCA International staff shall retain a copy of the proof copy of the catalog. Catalog data in electronic form shall be verified as required in the applicable product rating manual.

7.10 Submit finished catalog The applicant shall submit to AMCA International staff the finished catalog immediately prior to its release to the public. Note: For licensed product lines transferred from a CRP-L to a CRP-M basis and for which no new proof catalog was submitted, a finished catalog is not required to be submitted to AMCA International staff. In this case, the approved catalog used when the basis was a CRP-L will still be the approved catalog.

7.11 AMCA International staff review of published catalog and issuance of the appendix to the License Agreement AMCA International staff shall review the finished catalog and, if it is unchanged from the proof copy in any way relative to the requirements of this program, AMCA International staff shall immediately issue an appendix to the License Agreement for the product line. If the catalog does not meet the requirements of the program, AMCA International staff shall immediately notify the applicant of the discrepancy, advise the applicant not to distribute the catalog to the public, and


shall not issue an appendix to the License Agreement. The applicant shall correct the discrepancy and resubmit the catalog to AMCA International staff. Model numbers and related catalog identification shall be included in the appendix to the License Agreement and in subsequent editions of AMCA International’s directory of products licensed to bear the AMCA International Certified Ratings Program Seal and/or AMCA International’s directory of agricultural products with certified ratings.

7.12 Third party catalogs The Licensee is responsible for submitting proof copies of third party catalog entries prior to the publishing of the third party catalog. All requirements pertaining to the publishing of licensed ratings apply to third party catalogs, with the exception of the identification requirement. The catalog must have a unique identification but does not have to meet the date requirements found herein.

8. Other Certification Program Procedure Requirements

8.1 Certification procedure for similar products (CRP-A) Manufacturers of a product that is similar to a product or product line already licensed by the manufacturer may apply for an AMCA International Certified Ratings Program Seal by submitting form CRP-A and sufficient data to verify the products are in fact similar (see the applicable product rating manual for the required data). AMCA International staff shall review the application and notify the applicant of any changes or if further information is required to comply with this program. Once similarity has been verified by AMCA International, the applicant shall follow the procedure in Sections 7.11 through 7.14 to obtain a license for the product line.

8.2 Certification procedure for nameplated products (CRP-B) A company that buys a licensed product from another company and sells the product under its own name and product designation may apply for the AMCA International Certified Ratings Program Seal by completing and submitting form CRP-B. The applicant shall follow the procedures of Sections 7.11 through 7.14 to obtain a license for the nameplated line. The original Licensee shall be responsible for supplying performance rating information to the nameplating company. If the nameplating company rates the nameplated product over a range greater than that cataloged by the manufacturer, the manufacturing company is responsible for certifying the ratings, and check tests of the product will cover the full range cataloged by the nameplating company.

8.3 Certification procedure for products manufactured under license from another manufacturer (CRP-L and CRP-M)

8.3.1 Procedure for a subsidiary, auxiliary, affiliate, joint venture, and/or joint venture, partner, Licensee or franchisee (CRP-L) A subsidiary, auxiliary, affiliates joint venture and/or joint venture partner, Licensee or franchisee of a company licensed under this program, manufacturing products of the same design and construction as the licensed product, may apply for the authorized use of the AMCA International Certified Ratings Program Seal by completing and submitting a CRP-L form. On the CRP-L form, the applicant shall complete the “Application” section and the original manufacturer shall complete the “Original Licensee” section. If the model numbers used by the subsidiaries, auxiliary, affiliate, joint venture and/or joint venture partner, Licensee or franchisee are different from those used by the parent, a listing of licensed model numbers and the equivalent model numbers shall be included with the application(s).


The applicant shall follow the procedures of Sections 7.7 through 7.14 to obtain a license for the product line. If the subsidiary, auxiliary, affiliate, joint venture and/or joint venture partner, Licensee or franchisee under license rates the product over a performance range greater than that cataloged by the original licensing company, the original licensing company is responsible for certifying the ratings, and for check tests of the product that cover the full range cataloged by the manufacturer under license.

8.3.2 Alternative procedure for a wholly owned and/or majority owned subsidiary (CRP-M) A wholly owned or majority owned subsidiary of a company licensed under this program, manufacturing products of the same design and construction as the licensed product, may apply for the AMCA International Certified Ratings Program Seal by having the parent company complete and submit form CRP-M. The CRP-M shall include a declaration of ownership and 100% design authority. The following requirements shall be met for submission of a CRP-M:

The parent shall attest to 100% design authority in the CRP-M subsidiary and renew triennially.

The parent shall attest to majority ownership or board of directors’ control in the CRP-M subsidiary and renew triennially.

Parent and subsidiary shall meet all AMCA Publication 11 requirements.

Products manufactured by the subsidiary shall be the same design; utilize the same drawing; utilize the same name; adhere to the same quality standards; and utilize the same or similar drawings, tooling and tolerances.

The applicant shall follow the procedures of Sections 7.7 through 7.14 to obtain a license for the product line. If determined by AMCA International that the parent company (Licensee) has not complied with the above CRP-M process, then the subsidiary and the parent company shall comply with the CPR L process or appeal the decision in accordance with Section 16. Violators will be subject to Section 9.10.


8.3.3 Certification procedure flow chart for products manufactured under license from another manufacturer — CRP-L vs. CRP-M procedure

Note: The CRP-M certification procedure is a more simplified and less costly procedure as detailed in Section 8.3.2 and Section 9.3. Examples of cost savings could include literature review and product check testing cost savings.


9. Requirements for Maintaining the Certified Ratings License The Licensee is responsible for maintaining conformance to the requirements of the CRP by submitting new or revised catalogs to AMCA International for review prior to publication and by control of manufacturing procedures to ensure that the product as manufactured will perform in accordance with its published ratings within the tolerances allowed for the product as defined in the applicable product rating manual.

9.1 Catalog changes If at any time the catalog(s) containing certified ratings are changed or revised in any way, the Licensee shall submit a proof copy of the new catalog to AMCA International for verification of both the performance data and conformance to the use of the AMCA International Certified Ratings Program Seal. AMCA International staff shall advise the Licensee if there are any changes or corrections required to meet the requirements of this program. When all requirements have been satisfactorily met, AMCA International staff shall advise the Licensee that the proof copy is acceptable. The Licensee shall submit to AMCA International staff a copy of the catalog prior to its release to the public, and if it is unchanged from the proof copy in any way relative to the requirements of the program, AMCA International staff shall advise the Licensee that the catalog is acceptable. If the catalog does not meet the requirements of the program, AMCA International staff shall notify the Licensee immediately of the discrepancy and shall advise the Licensee not to distribute the catalog to the public. The Licensee shall correct the discrepancies and resubmit the catalog to AMCA International staff.

9.1.1 Extension of the product line or ratings The Licensee may extend the product line (additional sizes) or extend the range of performance ratings for products already certified by submitting a revised version of the form entitled “Application for Certified Ratings Form” and following the procedure in Sections 7.5 through 7.14. If the performance of the extended product line is based on additional test(s), a precertification check test shall be required. If the performance of the extended product line or extended performance range is based on calculations from previously certified products, no precertification check test shall be required.

9.2 Design changes Any changes to the geometric proportions or the properties that may change the performance of the certified product(s) shall be considered to be a new product. See the applicable product rating manual for detailed information on product dimensions and tolerances. If a design change would alter the performance, then the product shall be relicensed with new base tests, a new application and a new catalog. If the performance degrades, the product shall be renamed or identified with a prefix or suffix.

9.3 Check tests

9.3.1 Purpose The purpose of a check test is to ensure that the performance of the “as-manufactured” unit remains consistent with the performance ratings originally certified. Check tests are a mandatory requirement of the AMCA International Certified Rating Program, and they ensure that the certified performance ratings (both electronic and printed) of the product retain consistency with the performance rating (within stipulated AMCA tolerances) of the original certified product submitted by the AMCA Licensee.


9.3.2 Check test sample AMCA International staff shall select a suitable product sample. The sample, which may also be a nameplated product, may be obtained from the Licensee or purchased in the marketplace at the discretion of AMCA International staff. A test unit shall be a new sample and not one previously tested. For material substitutions, refer to the respective product rating manual.

9.3.3 Time between check tests

9.3.3.1 CRP-5, 6, 8, 10, A and L Each licensed product line shall be subject to a check test within 36 months of license issue and within 36 month periods thereafter under a continuing license. In the event that the data submitted with the original application was obtained on a preproduction sample, the first check test is required within 12 months of license issue and within 36-month periods thereafter under a continuing license. Once a product line passes three successive check tests, the check test interval increases from 36 months to 60 months. Once the fourth consecutive check test has passed, the check test interval increases from 60 months to 84 months. A check test failure shall follow the requirements of Section 9.10.3.

9.3.3.2 CRP-B — Nameplated products In the case of a nameplated product line, only the original manufacturer’s product shall be subjected to a check test.

9.3.3.3 CRP-M Each Licensee with products certified under a CRP-M shall submit a product(s) for check testing within 36 months of license issue. However, if a certified product was transferred from a CRP-L to a CRP-M and the product line was check tested under the CRP-L within 12 months of granting of the CRP-M license, then no check test on that product line shall occur within the next 24 months. AMCA International staff will coordinate with the Licensee to even the flow of these check tests time periods to meet the Licensee’s requirements and within 36-month periods thereafter under a continuing license. The number of products submitted for check testing shall be equal to the number of products certified by the Licensee under CRP-M divided by five, rounded up to the nearest whole number. Should a manufacturer add additional licensed products, they shall be subject to the same check test procedure as contained in this section and Section 7.7.2.2. Once a product line passes three successive check tests, the check test interval increases from 36 months to 60 months. Once the fourth consecutive check test has passed, the check test interval increases from 60 months to 84 months. A check test failure shall follow the requirements of Section 9.10.3.

9.4 Test procedure Products submitted to or obtained by AMCA International staff for a check test shall be tested in the AMCA International Laboratory or in an AMCA International independent accredited laboratory designated as such by the AMCA International Board of Directors, in accordance with the applicable requirements of the applicable product rating manual. AMCA International staff shall review the originally submitted product line data to ensure that the aerodynamic details have not changed and that the check test is conducted in the same manner as the original tests.

9.5 Inspection of check test sample

9.5.1 Shipping/assembly condition Before testing, the check test sample shall be carefully inspected for damage or apparent assembly faults. If any damage or apparent faults are found in this inspection, AMCA International staff shall notify


the Licensee. The Licensee shall repair or replace the damaged test sample prior to the check test. Failure to repair or replace the test sample within 60 days shall be considered a failure to provide a check test sample, and the Licensee shall be subject to the provisions of Section 9.10.2.

9.5.2 Design verification If the test sample appears to be different in design and/or construction from the product as originally submitted or different from the product as described in the Licensee’s current catalog, AMCA International staff shall notify the Licensee of the discrepancy. The Licensee shall verify that the sample is correct or that it is incorrect within 30 days. If the sample is incorrect, the Licensee shall correct or replace the sample within 90 days of written notification of the discrepancy. For material substitutions, refer to the respective product rating manual.

9.6 Comparison of data The check test results shall be compared to the Licensee’s published primary catalog data. The tolerances permitted by the applicable product rating manual shall be applied to the primary catalog data.

9.7 Charges The cost of performing check tests shall be borne by the Licensee. AMCA International staff shall charge the Licensee for the check test in accordance with the current schedule of AMCA International Laboratory testing fees. When check test samples are supplied by the Licensee, they shall be shipped to the AMCA International Laboratory, freight prepaid by the Licensee. Failure to ship prepaid shall result in a service charge in accordance with the fee schedule.

9.8 AMCA International purchased samples When AMCA International purchases a check test sample in the marketplace, the Licensee shall reimburse AMCA International for all costs involved in purchasing the sample. The sample shall become the property of the Licensee.

9.9 Return of the check test sample Upon completion of the check test, the sample shall be returned to the Licensee freight collect. At the option of the Licensee, the Licensee may pick up the test sample or the Licensee may request that the sample be scrapped by AMCA International. All costs associated with scrapping the sample shall be charged to the Licensee.

9.10 Violations

9.10.1 Publishing a catalog without AMCA International review If the Licensee makes a catalog available to the public that has not been reviewed and found to be acceptable by AMCA International staff as required in accordance with Section 7.13 or 9.1, AMCA International staff shall notify the Licensee as soon as AMCA International staff is aware of the violation that the Licensee is in violation of the License Agreement. The Licensee shall submit a copy of the catalog in question to AMCA International staff for review, in accordance with Section 7.13 or 9.1. If the catalog is found to be in compliance with the Certified Ratings Program, AMCA International staff shall notify the Licensee and no further action is required. If the catalog is not found to comply with the requirements of this program, AMCA International staff shall advise the Licensee of the discrepancies found. The Licensee shall cease further distribution of the catalog and, in so far as practical, recall any catalogs already distributed. The Licensee shall have 90 days to correct the catalog and resubmit a corrected proof or printed copy to AMCA International staff for review in accordance with Section 9.1.


Failure to correct the catalog within the 90-day period shall result in AMCA International withdrawing the appendix to the License Agreement for the product line or lines contained in the catalog. AMCA International staff shall be authorized to grant an additional 30-day extension period when, in its opinion, special circumstances so justify.

9.10.2 Failure to provide a check test sample If AMCA International has chosen to obtain the check test sample from the Licensee, AMCA International staff shall request in writing that the unit be shipped to AMCA International within three months from the date of request. AMCA International staff shall be authorized to grant up to 30 days extension of this period when, in its opinion, special circumstances so justify. Failure to ship a unit within this time period shall constitute a violation of the License Agreement and result in the suspension of the appendix to the License Agreement for the product line for up to two months. Failure to ship a unit during the two-month suspension will result in the loss of the privilege to use the AMCA International Certified Ratings Program Seal and the revocation of the appendix to the License Agreement for the product line. If the product line is about to become obsolete, the Licensee may so declare and the request for a check test sample shall be cancelled. The appendix to the License Agreement for the product line shall be withdrawn six months from the date of the original request. The appendix to the License Agreement shall also be suspended or withdrawn for any nameplated product line or a product line produced by an alternate manufacturer. AMCA International staff shall notify all concerned parties prior to suspending or revoking the appendix to the License Agreement.

9.10.3 Failed check test If the test unit fails to perform within the check test tolerances as defined in the applicable product rating manual, AMCA International staff shall notify the Licensee of the violation, as required by the License Agreement. Any product line that has the ratings changed after a check test failure shall also be liable to further check tests at any time after six months from the date the revised ratings are published.

9.10.3.1 Test units supplied by the Licensee The Licensee may request additional time to verify, repair or correct the check test product or to provide another production product for a check test which will perform satisfactorily. The Licensee shall correct the product or submit another product within 90 days of written notification of failure of the check test product to perform within the test check tolerance for one recheck test (See Annex C). AMCA International staff shall be authorized to grant a 30-day extension period when, in its opinion, special circumstances so justify. Failure to perform on a check test shall be deemed corrected if the Licensee agrees to publish a catalog, within the time period allowed, with ratings based on the results of the check test and other tests as may be required to rate the complete series. If a check test failure occurred on a base unit, all ratings derived from the base unit shall be recalculated and recataloged. The Licensee shall submit the proof copy of a catalog containing new ratings to AMCA International staff for review, as required in Section 7.11, and one copy of a published catalog, as required in Section 7.13, within six months of the date of the written notification of the violation. Catalogs for products that are similar, nameplated or from alternate manufacturers shall also be corrected and published as required above. Third-party catalogs will be amended at the next revision. Failure to correct the product within the allotted period shall constitute a violation of the license and shall then result in the immediate withdrawal by AMCA International of the appendix to the License Agreement for the affected product line. The appendix to the License Agreement shall also be withdrawn for any similar product line, nameplated product line, or product line produced by an alternate manufacturer that is based on the failed product


line. AMCA International staff shall notify all concerned parties prior to revoking the appendix to the License Agreement. Any product line that fails a check test but is corrected within the period allowed pursuant to this section, shall be liable to further check tests at any time after six months from the date of notification that the corrected product passed the check test.

9.10.4 Changed product If a Licensee sells a product to the public as part of a licensed product line that is physically different in design and/or construction from the product submitted to AMCA International for certification of the performance data, it shall be considered a violation of the License Agreement. AMCA International shall withdraw the appendix to the License Agreement immediately upon discovery of the violation. The only recourse available to the Licensee shall be recertification in accordance with Section 9.10.6. When a CRP-L or CRP-M Licensee no longer makes the same product as the parent (meaning that the Licensee has changed it), the Licensee can no longer claim the same performance as the parent and the only way to certify the changed product is to run tests and certify through the relevant CRP form. For material substitutions, refer to the respective product rating manual.

9.10.5 Catalog corrections when license is withdrawn When a license is withdrawn on a product line that is shown in a catalog with other licensed products, a new catalog, deleting references to certification of the ratings of the withdrawn product line, shall be made available to the public within three months of the notice of withdrawal. References to the certification of ratings of withdrawn products that are made on websites shall be deleted within one month of the notice of withdrawal. If corrections are not made by the Licensee within the time required above, AMCA International shall immediately withdraw all licenses to use the Seal within that catalog. Catalogs of similar, nameplated or alternate manufacturers shall also be corrected and published as required above.

9.10.6 Recertification A product line that had its appendix to the License Agreement withdrawn for failure to perform within the check test tolerances or for failure to correct a catalog may be recertified by making a new application with a new product designation in accordance with Section 7.

9.10.7 Failure to attest to majority ownership and or 100% design authority For models licensed under a CRP-M, failure to attest to either majority ownership or 100% design authority shall result in the withdrawal of the appendix to the License Agreement for all product lines listed by the subsidiary company.

9.11 Complaint file Licensees shall

keep a record of all complaints made known to them relating to a product’s compliance with these licensing requirements and to make these records available to AMCA International when requested;

take appropriate action with respect to such complaints and any deficiencies found in products or services that affect compliance with these licensing requirements; and

document any action taken under this clause.

Any records made available to AMCA International shall be held in the strictest confidence.


10. AMCA International Certified Ratings Program Seal

10.1 Trademark The AMCA International Certified Ratings Program Seal is a registered trademark of AMCA International that may be affixed to a licensed product or reproduced by the Licensee in catalogs and other publications, as permitted by this document.

10.2 Purchase of the AMCA International Certified Ratings Program Seals The Licensee shall obtain quantities of the AMCA International Certified Ratings Program Seal from AMCA International. Reproduction of the AMCA International Certified Ratings Program Seal for application to products is strictly prohibited.

10.3 Reproduction of the AMCA International Certified Ratings Program Seal

10.3.1 Size No reproduction of the AMCA International Certified Ratings Program Seal in published material shall be larger than 42 mm x 70 mm (1.625 in. x 2.75 in.), unless AMCA International staff gives specific permission.

10.3.2 Color When using black and white or one-color reproduction, black is preferred. If light colored paper is used, regard the paper as white for this purpose. In multicolor printing, only blue and yellow or blue, yellow and black may be used to reproduce as closely as possible the actual AMCA International Certified Ratings Program Seal.

10.4 Other logos and marks Other than the AMCA International Certified Ratings Program Seal, no logo or mark incorporating the acronym AMCA International or initials A.M.C.A. shall be applied to any product or be reproduced on or in any catalog or publication containing performance ratings of any kind.

10.5 Permitted uses of the AMCA International Certified Ratings Program Seal The AMCA International Certified Ratings Program Seal may be affixed to a product that is licensed to use the Seal. Reproductions of the Seal may be used upon receipt of written approval

on the same page of a catalog as the performance ratings of a licensed product and when accompanied by the required qualifying statement.

on the outside cover of a publication containing performance ratings of licensed products only. If the required qualifying statement does not accompany the Seal on the outside cover, there shall be a second Seal inside, accompanied by the required qualifying statement.

in publications, advertising, displays and exhibits, etc., when directly and specifically associated with a product currently licensed to bear the Seal. When no performance ratings of any kind are present, no qualifying statement is required.

10.6 Prohibited uses of the AMCA International Certified Ratings Program Seal The AMCA International Certified Ratings Program Seal shall not be affixed to any product not licensed to use the Seal. Reproductions of the Seal shall not be used

on any page of a publication containing performance ratings of any non-licensed products except when displayed in accordance with Section 11.4.2;

in photographs or illustrations of products not currently licensed to use the Seal;


in any way to imply that products not currently licensed to use the Seal are so licensed;

to imply that the certification applies to ratings not covered by the appendix to the License Agreement; e.g., implying that certification covers both air performance and sound ratings for a fan when only air performance ratings are certified;

to imply the certification of manufacturing quality.

10.7 Violations The use by a Licensee of the Seal or other logos or marks in any way that is prohibited by Section 10.6, shall be considered a violation of the License Agreement. AMCA International staff shall notify the Licensee in writing that they are in violation of the License Agreement as soon as AMCA International staff is aware of the prohibited use. The Licensee shall immediately cease the prohibited use and shall advise AMCA International in writing, within 30 days of notification, what corrective action will be taken by the Licensee to rectify the prohibited use. Failure to advise AMCA International within the 30-day period or failure to complete the corrective action within three months shall result in the withdrawal of the appendix to the License Agreement for any or all product lines affected by the violation. The use by a non-Licensee of the Seal or other logo or mark in any way that is prohibited by this program, shall be considered an illegal use of the Seal or other logo or mark. AMCA International staff shall notify the non-Licensee of the illegal use and demand that they cease the prohibited use. That non-Licensee shall then be required to advise AMCA International in writing what corrective action will be taken by the non-Licensee to rectify the prohibited use. Failure to correct the prohibited use within three months may result in AMCA International taking legal action against the non-Licensee.

11. Catalogs and Publications

11.1 Performance catalogs In order to comply with this program, the Licensee shall publish a catalog that identifies the product, and contains the AMCA International Certified Ratings Program Seal, qualifying statement(s), and performance ratings. Performance ratings shall be developed in accordance with the applicable product rating manual. The catalog may include description, photographs or renderings of the product. Reproduction of the AMCA International Certified Ratings Program Seal shall comply with the requirements of Section 10.5.

11.1.1 Identification Catalogs containing performance ratings of licensed products shall be provided with catalog identification reference, and the month and year of publication shall be clearly marked in plain language (e.g., “November 2000”) on the outside front or outside back cover of the product catalog. Where ratings are on separate sheets or on loose-leaf paper that may be removed from the cover, each sheet or loose-leaf paper shall be identified and dated as set forth above.

11.1.2 Availability to public At least one electronic print catalog or a set of multiple electronic print catalogs or an electronic print data sheet (e.g., a data sheet from an electronic product selection program) that encompasses all of the certified performance data shall be made available to the public. This shall be accomplished by a direct link from AMCA International’s online directory of licensed products to the approved documents maintained by AMCA International. All performance data certified by AMCA shall be made available to the public. Such data may be provided via print catalog, electronic print catalog or electronic product selection program (EPSP). The links to this data are to be provided by AMCA International's online directory of licensed products and maintained by AMCA International. Links are to be implemented as follows:

Paper catalogs: a link from the directory listing to a scanned copy of the document in PDF format, hosted by AMCA.


PDF catalogs: a link from the directory listing to the PDF document, hosted by AMCA.

Requestable CD-based EPSP: a link from the directory listing to the member-provided CD-ordering web page.

Downloadable EPSP: a link from the directory listing to the member-provided EPSP download web page.

Web-based EPSP: a link from the directory listing to the member-provided EPSP website with a guest login feature, if necessary.

AMCA members shall keep AMCA International informed of the valid links for the ESPS items.

11.2 Electronic media catalogs Catalogs in the form of electronic media shall comply with the requirements of the applicable product rating manual.

11.3 Required qualifying statements In addition to the performance data specified for each product, qualifying statements shall be published to assist the user in applying the ratings information correctly. The required qualifying statements shall be found in the applicable product rating manual.

11.4 Catalogs containing licensed and non-licensed products or ratings

11.4.1 Seal and statement required The qualifying statement shall be shown on the inside cover or first page or prominently on a subsequent page. This shall be followed by a prominent statement indicating which products are licensed and on what pages the certified ratings are shown.

11.4.2 Combined page or spread Where the ratings of licensed products are on the same page or spread as non-licensed products, a clear physical separation and statement shall differentiate licensed products from non-licensed products.

11.4.3 Unacceptable symbols The use of asterisks or similar marks to distinguish licensed products from non-licensed products is unacceptable.

11.4.4 Non-licensed products In connection with non-licensed products, the use of any phrase that is liable to be misinterpreted to mean that such products are licensed to use the AMCA International Certified Ratings Program Seal shall be prohibited. Phrases such as “tested and rated to AMCA International standards” or “rated to AMCA International standards” shall not be used.

11.5 Other publications Reference to licensed products in promotional literature, space advertising or other publications is permissible, provided that the reference does not indicate or imply that AMCA International is responsible for the products’ performance. Terms such as “AMCA International licensed,” “authorized by AMCA International,” or similar terms may be used.

11.5.1 AMCA International review Proof copies or the equivalent of any promotional literature, space advertising or other publications that contain a reproduction of the AMCA International Certified Ratings Program Seal or makes reference to a product's AMCA license as permitted by Section 11 shall be submitted to AMCA International staff for review prior to publication to establish compliance with the CRP. AMCA International staff shall advise the Licensee of conformance to the requirements of this program or of discrepancies that shall require correction before publication. AMCA International staff shall make


every effort to process this review of submitted material within 24 hours and shall advise the Licensee by telephone or fax of the result of the review, followed by written confirmation.

11.5.2 Violations Distribution to the public of any promotional material or other publication, or publication of space advertising that does not meet the requirements of Section 11 shall be considered a violation of the License Agreement, and will be subject to the same violation procedure defined in Section 10.7.

12. Challenge Test Any person, firm or corporation, whether a member of AMCA International or not, may challenge the performance of a licensed product by requesting that a check test be performed in the AMCA International Laboratory under the following conditions:

The challenging party shall provide the test unit at no cost to AMCA International.

Test data obtained in an AMCA International accredited laboratory or the AMCA International Laboratory, showing that the test unit does not perform within the specified performance tolerances, shall accompany a request for a challenge test.

The request shall be made in writing to the AMCA International executive director, with a copy to the Licensee.

The challenging party, by making a request for a challenge test, agrees to all applicable provisions of the CRP.

The challenging party shall be informed by AMCA International whether the challenge has passed or failed.

12.1 Challenge test procedure The test unit shall be tested by AMCA International in accordance with Section 9.4.

12.2 Satisfactory challenge test If the test unit performs satisfactorily, it shall be returned to the challenging party who shall be responsible for all costs, including the AMCA International Laboratory fee and freight charges. This test shall also be considered as meeting the requirements of the check test procedure for a further 36-month period on the product line affected.

12.3 Failed challenge test If the AMCA International Laboratory confirms that the performance of the test unit is outside the permitted tolerance, the test shall be considered a failed check test, and the requirements in Section 9.10.3 shall apply. In addition to the requirements in Section 9.10.3.1, the Licensee shall be subjected to a second marketplace check test within six to 12 months from the date of notification that the product failed the check test. Should the second marketplace check test also result in a check test failure, the Licensee shall be required to either recatalog with ratings based on the results of the check test or withdraw the certification of the product line. The Licensee shall not be allowed to correct the failed check test unit or submit another unit for an additional check test or recertification. The manufacturer shall be responsible for payment of the AMCA International Laboratory fee for the challenge check test. The challenging party shall be kept informed of the status of the challenge test. The requirements of Section 9.10.3 shall also apply.


13. Directory of Licensed Products The directory of products licensed to bear the AMCA International Certified Ratings Program Seal shall be regularly updated, and the directory of agricultural products with certified ratings shall be published each year or at such other times as the AMCA International Executive Committee shall authorize. They shall list all products that are licensed to use the AMCA International Certified Ratings Program Seal at the date of publication and identify the latest approved catalog containing the ratings of each licensed product. Product lines voluntarily withdrawn from the AMCA International Certified Ratings Program will be included within a withdrawn product section of the directory of licensed products.

14. License Fees and Assessments License fees and rates of assessment shall be set by the AMCA International Board of Directors so as to offset the estimated cost of administering the program during the fiscal year, subject to approval by the membership at the annual meeting of AMCA International. Each participating company shall agree to file with the AMCA International executive director confidential reports of the value of shipments of all products licensed to bear the AMCA International Certified Ratings Program Seal.

15. Data Checking and Listing Charges AMCA International staff shall make a standard charge to

review the test data and rating data, issue a license or appendix to the License Agreement, and list each new product in the directory of products licensed to bear the AMCA International Certified Ratings Program Seal or in the directory of agricultural products with certified ratings, as applicable.

review the test data and rating data, change a license or appendix to the License Agreement, and change the listing in the directory of products licensed to bear the AMCA International Certified Ratings Program Seal or in the directory of agricultural products with certified ratings, as applicable.

The amount of these standard rates of charge shall be determined from time to time by the AMCA International Board of Directors.

16. Appeals and Settlement of Disputes

16.1 Appeal procedure If the applicant or Licensee does not agree with the administration or interpretation of the requirements of this document by AMCA International staff or if they want to request additional time beyond what is allowed to correct a violation, they may appeal to the AMCA International Executive Committee, consisting of members of the AMCA International Board of Directors, by written request directed to the executive director. In the event that agreement cannot be reached between the AMCA International Executive Committee and the appealing party, the appeal shall be put before the AMCA International Board of Directors. Written notification of the results of the appeal review shall be sent to the appellant.


16.2 Settlement of disputes Any disagreement concerning the administration of the CRP that cannot be settled by the appeal procedure in Section 16.1 shall be resolved by the AMCA International Board of Directors as set forth in Article V, Section 6(i) of the AMCA International Bylaws, which reads “In the case of any disputes with AMCA International members within the association and if an agreement cannot be reached between the Executive Committee and the disputing party, the dispute shall be put before the AMCA International Board of Directors. The decision of the AMCA International Board of Directors shall be the final determination on any issues/disputes with the member(s) in question and shall be binding on all parties.”

17. Changes to the Program Changes to this program shall be made in accordance with the procedure laid down by the AMCA International Bylaws. All revisions shall state the effective date, with respect to both new license applications and to previously licensed products.

18. CRP Violation Administration Procedure The association utilizes its website and this document to discourage manufacturers and sellers from misusing AMCA International Certified Ratings Program. Violations shall result in public notification in accordance with Table 3. All CRP violations are included in this table. The requirements of the program documents shall be administered in a fair and uniform manner.

18.1 Procedure The following procedures shall be used to administer CRP violations reported to AMCA International staff:

18.1.1 Reporting All members (and the public) are encouraged to report any suspected violations to AMCA International staff. All reports of possible CRP violations should be accompanied by the appropriate documentation. Documentation may consist of the offending item (e.g., a marketing brochure or catalog that contains the possible violation), photographs or pictures of the possible violation (e.g., a photograph of a non-certified product with the CRP Seal clearly attached) or a website that shows the offense.

18.1.2 Investigation Once a possible violation of the CRP is reported, AMCA International staff shall investigate to determine whether a violation in fact did or did not occur. If it is determined that a CRP violation did not occur, no further action is taken. If a violation did occur, AMCA International staff will notify the offending company of the violation.

18.1.3 Actions All actions required by the program documents are carried out by AMCA International staff as the Licensee and the licensor. In addition to the notification actions required in this section, each referenced section (found in the last column of Table 3) includes specific requirements for each violation, to be carried out by the licensor and Licensee.

18.2 Notification of the AMCA website CRP update directory In addition to the actions and timeframes found in the CRP program documents, AMCA International’s website shall provide notification of the offense, in accordance with Table 3.

18.3 Appeals If the Licensee submits an appeal per Section 16 of AMCA Publication 11, all notification updates and actions will be suspended until the appeal is settled. Table 3 — CRP Violation and Update Summary Table


Case number

Violation description

Website CRP page on which notice is posted (three new pages)

Initial posting of violation or license withdrawal on website

Removal of posting of violation or license withdrawal from website

Reference from AMCA Publication 11

1 Non‐licensed product represented as certified

Non-Licensed Product Section

Immediately upon discovery

Five years or when product is licensed.

10.7, 11.4.4, 11.5.2

2a Publishing a catalog without marketing review, marketing error only

Directory of Violation Notices

After 30-day grace period

When catalog is corrected and approved

9.10.1; see note 2

2b Publishing a catalog without marketing review, catalog performance change


After 14-day grace period


9.10.1; see note 2

3 Suspension due to failure to provide check test sample

Suspended Products Date license is suspended

Once suspension is lifted

9.10.2

4 Failure to provide check test sample

Enforced License Withdrawals

Date that license was suspended

Five years or until relicensed

9.10.2

5

Failure to correct product after a failed check test (ship for inspection, recatalog or withdraw)


Thirty days after mandatory recatalog, ship-for-inspection deadline date; or immediately when withdrawn


9.10.3.1, 4th paragraph

6 Changed product without notification


Immediately, when license is withdrawn from affected product


9.10.4

7a Failure to correct catalog after product line is withdrawn


Ninety days after license is withdrawn from affected product


9.10.5; see note 3

7b Failure to correct website after product line is withdrawn


Thirty days after license is withdrawn from affected product


9.10.5; see note 3

7c

Enforced withdrawal of all licensed products resulting from a failure to correct catalog or website after product line is withdrawn

Enforced License Withdrawal

Immediately on deadline date resulting from Case Number 7a and/or 7b.


9.10.5; see note 3

8 Improper use of logos or other marks identifying non-licensed product

Non‐licensed Product Section

Immediately upon discovery

As soon as product is licensed and/or logos & other marks are correctly used

10.4, 10.7

9 CRP Seal, mark or other violation on licensed product, catalog


Thirty days after discovery


10.7, 10.6; see note 4

10

Promotional, advertising, and/or marketing publications not meeting Section 11 requirements


Thirty days after discovery


11.5; see note 5


Note 1: The records for all the Licensee’s CRP violations will be destroyed after the Licensee has no violations for five years, except for violations resulting from the check test program. Note 2: If catalog is corrected within the grace period, the posting of the violation on the website does not apply. If this type of violation results in withdrawal of an appendix to the License Agreement, Case #11 would apply. Note 3: Notice is given with the original withdrawal, informing the Licensee which catalogs must be revised. The Licensee must revise the catalog within three months. All reference to AMCA certification of the non‐licensed product line must be removed from the Licensee's website within one month. If corrections are not made in this time frame, license to use the AMCA CRP Seal on all products shall be withdrawn. Note 4: Case # 9 applies to licensed products. See Case #1 for an unlicensed product with a Seal attached. Note 5: This item applies to licensed products. See Case #1 for non‐licensed products. If Licensee does not inform AMCA within 30 days of corrective actions that will be taken and does not complete those actions within 90 days, the license of any or all of the affected product lines will be withdrawn. The enforced withdrawal is then added to the “Enforced Withdrawal” section of the AMCA website.

11 Any other withdrawal of license for other reasons (voluntary withdrawals)


When license is withdrawn from affected product


12 Failure to attest to a change in majority ownership &/or 100% design authority


Date license is withdrawn


9.10.7

13 Non-payment of any undisputed invoice after 9 months


Date license is withdrawn


License Agreement Clause 10 and 18


Annex A License Agreement (Informative) THIS AGREEMENT, made this ________ day of ________________, 20____, by and between AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL, INC., a non-profit corporation organized under the laws of the State of Illinois, United States of America, having its principal office at 30 West University Drive, Arlington Heights, Illinois 60004, USA, hereinafter called the “Licensor “ or “AMCA International “, party of the first part, and ___________________________________ a ____________________ corporation, having its principal office at _______________________________ hereinafter called the “Licensee,” party of the second part. WITNESSETH: WHEREAS, Licensor has developed, promulgated, and adopted Standards for the testing and rating of air movement and control devices; and, WHEREAS, it is in the public interest that there be adopted and maintained uniform standard methods of testing and rating air movement and control devices in order to avoid confusion and misunderstanding and to give to purchasers and potential purchasers a better means of selecting such devices on the basis of performance; and, WHEREAS, in order to identify devices which the seller certifies have not only been tested and rated in accordance with the uniform standard testing procedure and appropriate Standards, but also produced within certain manufacturing tolerances to effect performance, Licensor has adopted an identifying Seal or label entitled “AMCA Certified Ratings,” a copy of which Seal or label is attached hereto on a separate sheet marked “Exhibit A“, and which is hereinafter referred to as “the Seal;” and, WHEREAS, Licensor is willing to issue a license to any manufacturer of air system components that satisfies the eligibility requirements for participation in the Certified Ratings Program to use the Seal on specific products properly qualifying under the terms and conditions hereinafter contained; and, WHEREAS, Licensor is willing to license the use of this Seal, for specific qualified devices manufactured or sold by Licensee, in consideration certain responsibilities and obligations to be assumed and carried out by Licensee as hereinafter described; and, WHEREAS, Licensee represents and warrants that it satisfies the eligibility requirements to participate in the Certified Ratings Program , and desires to use said Seal for properly qualified products on the products themselves or reproductions of the products in publications, advertising, and other communications relating to such products and desires to be so licensed; NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Licensor does hereby grant to Licensee the license to use the Seal on those specific air movement and control devices manufactured or sold by Licensee which have been licensed individually and specifically in writing by Licensor, and to use a reproduction of this Seal for the devices so licensed in publications, advertising, and other communications issued by Licensee and pertaining to and only to the performance ratings of such devices so licensed, subject to the terms and conditions hereinafter more fully set forth. 2. Licensee hereby accepts the license herein granted for the specific devices licensed by Licensor and agrees to employ the same only to the extent permitted herein, and in the Certified Ratings Program, and subject to limitations and qualifications therein contained. No new License Agreement will be necessary when additional specific devices are later licensed in writing by Licensor, and it is fully understood that such later licensed devices shall be subject to all limitations, conditions, and qualifications herein contained. 3. Licensee hereby accepts the Standard Test Methods as specifically referenced in the Certified Ratings Program, and any and all amendments and modifications from time to time promulgated by


Licensor, as setting forth the proper and best available methods for testing and rating air movement and control devices. Licensee hereby accepts and agrees to be bound by the provisions of the AMCA International Certified Ratings Program being Publications 211, 311, 511, 611 and 1011 and as the same may hereafter from time to time be revised by AMCA International. Licensee participating in the ENERGY STAR® program for Residential Ventilating Fans accepts the Standard Test Methods as specifically referenced in the Certified Ratings Program, and any and all amendments and modifications from time to time promulgated by the US Environmental Protection Program (US EPA), as setting forth the proper and best available methods for testing and rating residential ventilating devices. Licensee hereby accepts and agrees to be bound by the provision of the US EPA ENERGY STAR Program Requirements Product Specification for Residential Ventilating Fans and as the same may hereafter from time to time be revised by the US EPA. All Standard Test Methods now or hereafter adopted by Licensor are herein sometimes referred to as “Standards.” 4. Until Licensor has investigated and has determined that Licensee has available the technical knowledge, skill and facilities to test air movement and control devices in accordance with said Standards and has so accredited in writing and Licensee has agreed to use said facilities for such testing, Licensee will at Licensee’s own expense obtain and use the services of an independent laboratory which is capable of making such tests in accordance with said Standards and which has been accredited by Licensor, or the AMCA International Testing Laboratory. When and if Licensor accredits Licensee’s facilities, Licensee may thereafter use either such facilities or an independent laboratory accredited by Licensor, or the AMCA International Testing Laboratory. 5. During the term hereof, Licensee agrees that all of Licensee’s published ratings indicating performance of specific air movement and control devices sold by the Licensee shall conform to the following conditions: (a) Test results used for publications shall be based on the design of a device which is the same in geometric details as that placed in production and offered to the public. The device shall be tested as a complete unit with all regularly furnished accessories in place and no device which cannot be produced in the production line shall be used for said test results. (b) Published ratings shall be the results of tests made in accordance with the applicable standard and shall be the results of proper calculations made in accordance with provisions of said Standard and Certified Ratings Program and based upon tests made as per (a) above. (c) Licensee shall publish the product performance ratings which have been licensed. A copy of each such publication shall be filed with Licensor, who shall also be informed as and when any changes are made in the publication. No product ratings will be licensed unless such ratings are published in catalogs. 6. Licensor will check the information presented by the Licensee, but this does not relieve the Licensee of responsibility for full compliance with the appropriate AMCA Standard and Certified Ratings Program in the event later examination of the data shows errors in the testing and/or rating method. Failure of the Licensor to detect errors and/or omissions in the data shall in no way presume against the Certified Ratings Program or relieve the Licensee of responsibility for making necessary corrections. 7. Licensee agrees that it will make reference to the licensed Seal only in connection with the performance ratings of those specific devices for which Licensee secures Licensor’s authorization for use of the Seal in accordance with the Agreement. Licensee further agrees that the use of such Seal shall be confined to air movement and control devices as such only, and shall under no circumstances be used for the purpose of indicating or certifying the ratings of any other product or products, although the same may embody the use, in combination, of any such device, Licensee agrees to place the Seal only on products manufactured after effective date of license. Licensee shall use the Seal only in those countries in which Licensor has registered it as a trademark; and Licensor shall not be responsible for any use of such Seal by Licensee in any country where Licensor has not obtained a trademark registration respecting such Seal.


8. Licensee agrees to maintain or cause to be maintained manufacturing control of devices manufactured by or for the Licensee and sold under or in connection with the licensed Seal, such that, when checked in accordance with the applicable Standard, the devices shall perform within the check test tolerances specified by the Certified Ratings Program. 9. It is Licensor’s present intention to continue research in the development of more accurate and simplified methods of testing and rating air movement and control devices in the interest of more scientific knowledge for the benefit of the public, the Licensee, and other manufacturers of such devices. Licensor may from time to time incorporate developments and improvements into the applicable existing Standard by way of an amendment thereto, or by the promulgation of new Standards, which amendment or new Standard will be supplied to the Licensee and will thereupon be deemed to be binding upon the parties hereto to the same extent as though the same were a part of the present Standard, and Licensee will comply with any such amendment of or new Standard or any part thereof within the time limit or limits provided for therein, or if no time limit is provided for compliance with such amendment or new Standard, or any part thereof, the Licensee shall comply therewith within a reasonable time after the adoption or promulgation thereof. 10. In the event that Licensee shall violate any provision hereof or of the AMCA International Certified Ratings program or fail to perform any obligation herein imposed upon Licensee, Licensor shall have the right to give written notice to Licensee, specifying the violation or failure complained of, and if within 15 working days (or in the case of a Licensee located outside of the United States of America, Canada or Mexico, within three (3) months) after the sending of such notice, Licensee shall not have corrected such violation or performed such obligation, nor have made substantial progress in the sole judgment of Licensor toward such correction or performance, Licensor may thereafter effect immediate withdrawal of the use of the Seal as applied to each complete catalog series which includes the device or devices in violation by means of a notice in writing to the Licensee. Immediately upon withdrawal of the use of the Seal for a specific device or devices, the Licensee shall discontinue the use of the licensed Seal for such series of devices. If such withdrawal shall apply to all theretofore-licensed devices of Licensee, the same shall constitute a termination of this Agreement. 11. Licensor agrees that it will make reasonable efforts to induce the other Licensees to use the licensed Seal in accordance with provisions comparable to those contained herein, but Licensor shall not be obligated hereby to take any action except in its sole discretion, and Licensor shall in no event be liable to Licensee by reason of any act of any other Licensee. 12. In the event of any dispute between Licensor and Licensee as to the rating or performance of a licensed device of Licensee, a production unit of such device selected by Licensor shall be submitted for testing and rating to the AMCA International Testing Laboratory or to an independent laboratory chosen by Licensor, and the result certified by such laboratory shall be final and binding on the parties hereto. The charges of such laboratory shall be borne by the party in error. 13. The license granted hereby shall be a nonexclusive license. This license shall not be subject to sale, transfer, assignment, or other disposition, voluntary or involuntary, in whole or in part, without the prior written consent of the Licensor. Licensee shall not knowingly permit any other person, firm or corporation to use the licensed Seal or make reference to it in any connection or for any purpose whatsoever in contravention hereof or of Publications 211, 311, 511, 611 and 1011 and it is specifically agreed that the Seal may not be used by any person, firm or corporation who may combine a product of Licensee with any other product, or who may assemble a device with parts purchased in whole or in part from Licensee. Irrespective of similarity of design, comparative performance, or other similar characteristics of products developed by the Licensee to those for which he has the Seal, the Licensee may not extend the use of the Seal to these products without the expressed approval of the Licensor. 14. Licensee grants to Licensor the right at all reasonable times to inspect Licensee’s test facilities. Licensee agrees that it will, whenever requested by Licensor, permit agents of Licensor to enter Licensee’s manufacturing premises and inspect the same to the extent sufficient to enable Licensor to determine if adequate controls are being maintained to assure proper manufacturing tolerances and further agrees to deliver to such agents one or more licensed devices selected by them from the


production line to permit testing thereof for conformity to Licensee’s published ratings. Such inspections shall be no more frequent than is necessary, in Licensor’s reasonable judgment, to maintain a suitable check on manufacturing tolerances, and no more than one model of any licensed device shall be requested at any one time. 15. It is understood that Licensor assumes no responsibility to any person, firm or corporation for the use of or reliance on the licensed Seal by the Licensee, and the Licensee hereby agrees to indemnify and save harmless the Licensor and its respective officers, directors, employees, agents and members from any and all claims, demands or causes of action and all costs of defenses, including court costs, expenses and reasonable attorneys’ fees incurred by AMCA International or its officers, directors, employees, agents and members for damages or injuries of any nature whatsoever, whether special, indirect, consequential or compensatory, on the part of any person, firm or corporation whatsoever arising out of the purchase, sale, use or handling of any product manufactured by Licensee, and without limiting the generality of the foregoing, particularly from any claim, demand or cause of action arising out of any alleged misrepresentation of the product manufactured by Licensee, and the reliance by any person, firm or corporation on the licensed Seal. 16. It is understood that the work performed by Licensor and proposed hereafter to be performed by Licensor in the development of adequate methods of testing and rating air movement and control devices has been and will be done as a public service and for the purpose of assuring continued and increasing confidence in the catalogs, bulletins, representations, and products of the air movement and control industry. The provisions contained in this Agreement, and particularly the provisions relating to Licensor’s right to inspect Licensee’s test and manufacturing facilities and products and Licensor’s right to effect termination hereof or withdrawal of the Seal on a specific device or devices because of default, are designed primarily for the purpose of avoiding confusion among customers and potential customers of the industry and to avoid damage to the reputation and value of the Licensor and its Seal as evidences of impartial scientific service. To this end, the provisions hereof are to be construed liberally and without regard to the fact that this Agreement has been prepared by the Licensor. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois of the United States of America. 17. The term of the Agreement shall commence on the date of the execution hereof, and shall continue until terminated as herein provided. Licensee shall have the right to terminate this Agreement by written notice to Licensor of not less than thirty (30) days. This Agreement may be terminated by Licensor for the default of Licensee as provided in Paragraph (10) hereof. Licensor may also terminate this Agreement with respect to any one or more Standards, effective at the end of any calendar year, by six (6) months notice in writing to Licensee, but only if such termination shall be in conjunction with the termination of all other License Agreements then existing between Licensor and Licensees with respect to such Standard or Standards. Upon termination hereof, Licensee shall discontinue the use of the licensed Seal and shall not thereafter use the same for any purpose whatsoever. 18. For the supervision of the use of the Seal for licensed devices and to reimburse Licensor for a fair share of the expenses of operating the Certified Ratings Program, Licensee agrees to pay Licensor in United States Dollars in accordance with the schedule of charges specified in the Certified Ratings Program and at such rates as shall be determined by the Members of the Air Movement and Control Association from time to time.


IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL, INC. SIGNATURE: _______________________________________________________________ PRINT NAME: Mark Stevens TITLE: EXECUTIVE DIRECTOR WITNESS: _______________________________________________________________ PLACE CORPORATE SEAL HERE: LICENSEE: _______________________________________________________________ SIGNATURE: _______________________________________________________________ SPELL NAME: _______________________________________________________________ TITLE: _______________________________________________________________ WITNESS: _______________________________________________________________ PLACE CORPORATE SEAL HERE:


Exhibit A to License Agreement

Quantities of the AMCA Certified Ratings Program Seals may be obtained by the Licensee from the AMCA International office. Reproductions of the Seals for application to air movement and control products is strictly prohibited. Exhibit B to License Agreement The following aliases represent the Licensee in all matters: 1. _______________________________________________________________________________ 2. _______________________________________________________________________________ 3. _______________________________________________________________________________ … And no others. [If Licensee has no aliases, write in “none.”]


Annex B Electronic Catalogs (Normative)

B.1 Introduction This annex covers the special requirements for the use and licensing of electronic catalogs with respect to the AMCA International Certified Ratings Program. Any computer program, website, set of instructions, screen display or computer-generated printout that provides performance data for a product line shall be designated an electronic catalog. Two main variants of an electronic catalog are “electronic print” and interactive “product selector” software or services. The electronic print variant of an electronic catalog is primarily subject to the requirements of the AMCA publication governing the licensing of the product type. An electronic catalog is considered this type of variant even if it is not an exact replica of an existing certified print catalog if the intent is to show AMCA-certified performance information. Examples of electronic print are PDF files that display/print images of print catalogs. Non-interactive website displays of data are considered electronic print. This annex focuses on the product selector variant. Such selectors can include software distributed on computer disk and/or presented on an interactive website. A fundamental characteristic of a product selector is that the end-user is able to configure various product design and performance criteria that the selector uses to present suitable product design and performance information.

B.2 Scope Performance data for all products that can be licensed by AMCA to use an AMCA Certified Ratings Program Seal in accordance with the requirements of the appropriate AMCA publications can be published in the form of an electronic catalog. In addition to the requirements covered in this annex, each AMCA Certified Rating Program publication may provide additional program-specific requirements that must be met when certifying performance in an electronic catalog.

B.3 Allowable performance modifications

B.3.1 Density correction. For programs that allow correction for air density, performance data may continue to be licensed to use the AMCA Certified Ratings Program Seal where the density is different from standard air because of temperature, elevation, humidity, molecular weight or a combination of these factors. The product rating manual for each program will specify how allowable corrections are made.

B.4 Required qualifying statements Manufacturers often combine computerized selection with electronic cataloging of performance data. This data may be corrected for the effect of accessories, appurtenances and installation conditions not included in the certified ratings. While these modification factors may not be certified, they are quite often provided by manufacturers to assist the user in applying the performance information correctly. Qualifying statements shall be displayed with the performance ratings to assist the user in applying this information correctly. The qualifying statements may be divided into primary and secondary statements. When presenting products and/or sizes licensed at different standard levels or by different rating programs, a clear differentiation must be made between the products and/or sizes presented to indicate the different levels or rating programs. The specific statements that shall accompany computerized performance data are defined in the appropriate AMCA International Certified Ratings Program publication.


B.4.1 Required statements on printouts. All required qualifying statements shall appear on any electronic files created, saved or printed by the electronic catalog. The statements shall be adjacent to or in the same document as referenced certified data. For purposes of this paragraph, a document is defined as a single output file. This document may print on several pages, and must be identified with sequential page counts (e.g., page 1 of 3).

B.5 Certification of electronic performance data The ratings for each certified product in an electronic catalog shall be based on product test data obtained in accordance with appropriate AMCA International test standards. When an electronic print catalog corresponds to an existing certified print catalog, there are three possible presentations of the certified data: the electronic print is identical to the print, the electronic print is a subset of the print, and the electronic print is a superset of the print. The subset and superset cases shall be considered new catalogs. A printed catalog shall not be required for certification of performance data in an electronic catalog. All electronic catalog representations for licensed products that present performance ratings shall be subject to review per this Certified Ratings Program.

B.5.1 Electronic catalog review. AMCA International staff shall review the proposed performance ratings presented in an electronic catalog to verify that it is in agreement with the appropriate test data. AMCA International will advise the applicant if they find any areas in question or disagreement with the test data, which must then be corrected before a notice of acceptability can be issued. When changes to the electronic catalog are made, the manufacturer shall clearly identify them for review. Only these changes need to be reviewed, not the complete product selector or electronic print document. The manufacturer shall provide AMCA International with the revised item on disk or provide the means to obtain it electronically. AMCA International staff shall advise the Licensee if there are any changes or corrections required to meet the requirements of the Certified Ratings Program.

B.6 Version numbers All electronic catalogs that contain certified data shall include a unique version number and date. The date shall be listed as the month and year of publication, e.g., "January 2016." Both the version number and date shall be visible on the first screen of the electronic catalog. Any change in the certified data of any product within an electronic catalog shall require that any new version of the electronic catalog must be produced with an identifiable change in the version number. Alternatively, the electronic catalog can contain revision information that lists dates and descriptions of all revisions made therein.

B.7 Identifying certified performance In order to identify those products that are licensed to bear the AMCA International Certified Ratings Program Seal, electronic catalogs shall provide a product directory that includes all products contained within the electronic catalog. The directory shall clearly identify each product and its licensing status. References to licensed products shall include the corresponding print and/or electronic print catalog identification references. Instructions for access to this product directory shall be included in an easily identifiable manner. When both certified and non-certified performance are presented together in the viewable area of a screen or in a document, the certified performance must be clearly identified. This shall include explanatory text adjacent to the performance and may also include visual changes to the presentation of the performance (thickness, color, style, font, etc.).

B.8 AMCA directory listings Electronic catalogs containing certified data shall be listed in the AMCA directory of licensed products, along with printed catalogs for licensed products.


Annex C Check Test Flow Chart (Informative) This flow chart does not address challenge tests or check tests where the test unit was obtained in the marketplace. In all cases, the text of this publication supersedes this flow chart. Note: One 30-day extension/check test allowed. A unit not provided on time after extension loses its license to use the Seal.


VISIT THE AMCA STORE

RESOURCES

AMCA Membership Information http://www.amca.org/members/members.php

AMCA International Headquarters and Laboratorywww.amca.org

AMCA White Paperswww.amca.org/whitepapers

Searchable CRP Database of AMCA Certified Productswww.amca.org/certified-listed/cpsearch.php

AMCA International provides its publications and standards through the AMCA Store online at www.amca.org/store. The AMCA Store is powered by Techstreet, a division of Thomson Reuters. Accessing documents from the AMCA Store requires users to establish or log into their existing Techstreet account.

All documents are available as print-on-demand hardcopy for a handling fee and shipping costs. Electronic files are made available as PDF for immediate download. Many publications and standards have options for a redline version (indicating changes from previous version); multiuser license for PDF files, and a “PDF plus print” that provides an electronic file and a hardcopy at a reduced cost.

AMCA members can access a 50% discount on all publications by logging into www.amca.org/MyAMCA before logging into Techstreet. A user guide for the AMCA Store is available at www.amca.org/store.

The Air Movement and Control Association International Inc. is a not-for-profit association of the world’s manufacturers of air system equipment, such as fans, louvers, dampers, air curtains, airflow measurement stations, acoustic attenuators and other air system components for the industrial and commercial markets.

Air Movement and Control Association InternationalAMCA Corporate Headquarters30 W. University Drive, Arlington Heights, IL 60004-1893, [email protected] ▪ Ph: +1-847-394-0150 ▪ www.amca.org

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