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The International Authority on Air System Components

AIR MOVEMENT AND CONTROLASSOCIATION INTERNATIONAL, INC.

AMCAPublication 11-03

Certified Ratings ProgramOperating Manual

(R2008) (Rev. 6/08)

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AMCA PUBLICATION 11-03 (R2008)

(Revised 6/08)

Certified Ratings Program

Operating Manual

Air Movement and Control Association International, Inc.

30 West University Drive

Arlington Heights, IL 60004-1893

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2008 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.

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Authority

The first edition of Publication 11 contains requirements common to all AMCA Internationals Certified Ratings

Programs. Specific requirements that only pertain to a category or product will be found in a Product Rating Manual

for that category. Publication 11 is effective on the same date as a Product Rating Manual that references it.

Publication 11 is based on the general program requirements found in AMCA Publication 211-94 (Rev. 11/98).

AMCA Publication 211-94 (Rev. 11/98) was split into two documents. One was this document, the Certified Ratings

Program Operating Manual, and the other was the Product Rating Manual for Fan Air Performance Ratings, which

contains additional certification requirements that pertain to fans only.

Publication 11 was reaffirmed in March, 2008. The June, 2008 revision removes Section 9.3.4. This change allows

products licensed with a CRP-L to be check tested at the same frequency as other licensed product lines.

The following individuals contributed to the development of the original Publication 211:

E.E. Trickler The New York Blower Company

E.W. Petersen American Blower

F.W. McKenna American Air Filter, Kennard Division

W.A. Curtiss Peerless Electric

G.M. Egoff Sheldons Manufacturing Corporation

R.G. Lubinsky The Trane Company

D.D. Herrman Hartzell Propeller Fan Company

H.R. Bohanon Acme Engineering & Manufacturing Corporation

J.W. Mathis The New York Blower Company

J.J. Friedler Ilg Electric Ventilating Company

N.A. Patton American Coolair Corporation

F. Manget The Trane Company

R.H. Freevol Garden City Fan & Blower Company

R.C. Greenheck Greenheck Fan & Ventilator Company

The following individuals were part of the Publication 211 Rewrite Committee and were responsible for the

development of Publication 11:

W.T.W. (Bill) Cory Woods Air Movement Limited

Claude Longet ABB Solyvent-Ventec

John Cermak Acme Engineering & Manufacturing Corporation

Dave LeClerc/Rad Ganesh Aerovent, A Twin City Fan Company

Chris Lack Elta Fans Limited

Mike Duggan Federation of Environmental Trade Associations Limited

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Pete Neitzel Greenheck Fan Corporation

Paul Novotny The New York Blower Company

Dario Brivio Nicotra S.p.A.

R. Arnold Robb Universal Fan & Blower Limited

Ian P. Andrews Vent-Axia Limited

Mark Stevens AMCA International Staff

Joe Brooks AMCA International Staff

Objections to AMCA Standards and Certifications Programs

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 International30 West University Drive

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

or

AMCA International, Incorporated

c/o Federation of Environmental Trade Associations

2 Waltham Court, Milley Lane, Hare Hatch

Reading, Berkshire

RG10 9TH United Kingdom

Related AMCA Standards and Publications

AMCA International Publication 111 Laboratory Accreditation Program

Applicable forms

59 License Agreement

CRP A Application for AMCA International Certified Ratings Seal

(for similar products)

CRP B Application for AMCA International Certified Ratings Seal

(for nameplated products)

CRP L Application for AMCA International Certified Ratings Seal

(for products manufactured under license)

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TABLE OF CONTENTS

1. Purpose .................................................................................................................................................1

2. Participation Eligibility .........................................................................................................................1

3. Administration.......................................................................................................................................1

3.1 Administrator ...................................................................................................................................1

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

3.3 Registering complaints....................................................................................................................1

3.4 Confidentiality..................................................................................................................................1

4. Responsibilities of Parties ...................................................................................................................1

4.1 AMCA International staffs responsibilities ......................................................................................1

4.2 Licensees responsibilities...............................................................................................................1

5. Definitions..............................................................................................................................................1

6. Procedure for Participating in the AMCA International Certified Ratings Program.......................2

6.1 Licensing procedure........................................................................................................................2

6.2 Cataloging requirements .................................................................................................................3

7. Certification Procedure ........................................................................................................................3

7.1 General procedure ..........................................................................................................................3

7.2 Detailed procedure..........................................................................................................................3

7.3 Product testing ................................................................................................................................3

7.4 Application for a product line license ..............................................................................................3

7.5 Data submittal requirements ...........................................................................................................4

7.6 AMCA International staff review of test data...................................................................................4

7.7 Precertification check test ...............................................................................................................4

7.8 Submittal of proposed catalog data.................................................................................................4

7.9 AMCA International staff review of proposed catalog data .............................................................4

7.10 Issuance of notice of acceptability for license.................................................................................4

7.11 Submittal of proof copy of the catalog ............................................................................................4

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7.12 AMCA International staff review of proof copy of the catalog.........................................................5

7.13 Submit finished catalog...................................................................................................................5

7.14 AMCA International staff review of published catalog and issuance of the license annex .............5

8. Other Certification Procedures............................................................................................................5

8.1 Certification procedure for similar products ....................................................................................5

8.2 Certification procedure for nameplated products ............................................................................5

8.3 Certification procedure for products manufactured under license from another manufacturer ......5

9. Requirements for Maintaining the Certified Ratings License ..........................................................6

9.1 Catalog changes .............................................................................................................................6

9.2 Design changes ..............................................................................................................................6

9.3 Check tests......................................................................................................................................6

9.4 Test procedure ................................................................................................................................6

9.5 Inspection of check test sample......................................................................................................7

9.6 Comparison of data.........................................................................................................................7

9.7 Charges...........................................................................................................................................7

9.8 AMCA International purchased samples.........................................................................................7

9.9 Return of the check test sample .....................................................................................................7

9.10 Violations.........................................................................................................................................7

10. AMCA International Certified Ratings Seal ......................................................................................8

10.1 Trademark.......................................................................................................................................8

10.2 Purchase of the AMCA International Certified Ratings Seals .........................................................9

10.3 Reproduction of the AMCA International Certified Ratings Seal.....................................................9

10.4 Other logos and marks....................................................................................................................9

10.5 Permitted uses of the AMCA International Certified Ratings Seal ..................................................9

10.6 Prohibited uses of the AMCA International Certified Ratings Seal .................................................9

10.7 Violations.........................................................................................................................................9

11. Catalogs and Publications ...................................................................................................................9

11.1 Performance catalogs .....................................................................................................................9

11.2 Electronic media catalogs ...............................................................................................................10

11.3 Required qualifying statements.......................................................................................................10

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11.4 Catalogs containing licensed and non-licensed products or ratings ...............................................10

11.5 Other publications ...........................................................................................................................10

12. Challenge Test.......................................................................................................................................10

12.1 Challenge test procedure................................................................................................................11

12.2 Satisfactory challenge test ..............................................................................................................11

12.3 Failed challenge test .......................................................................................................................11

13. Directory of Licensed Products...........................................................................................................11

14. License Fees and Assessments ..........................................................................................................11

15. Data Checking and Listing Charges ...................................................................................................11

16. Appeals and Settlement of Disputes ..................................................................................................12

16.1 Appeal procedure............................................................................................................................12

16.2 Settlement of disputes.....................................................................................................................12

17. Changes to the Program ......................................................................................................................12

Annex A: License Agreement ...............................................................................................................13

Annex B: CRP A Form............................................................................................................................19

Annex C: CRP B Form ...........................................................................................................................20

Annex D: CRP L Form............................................................................................................................22

Annex E: Check Test Flow Chart ..........................................................................................................24

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Certified Ratings Program

Operating Manual

1. Purpose

The purpose of the AMCA International Certified

Ratings Program is:

To provide the buyer, user and specifier assurance

that the manufacturer's published performance

ratings of air system components are reliable and

accurate, and further, 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 performancerequired.

To provide a procedure for verification of the

manufacturer's performance ratings on a regular

schedule by check testing of the certified product line

in the AMCA International Laboratory.

2. Participation Eligibility

Any person, firm, or corporation, whether a member

of AMCA International or not, engaged in the

business of manufacturing air system components

covered by the Certified Ratings Program or sellingthe products of a licensed manufacturer under the

name of the selling company, shall be eligible to

participate in this program.

3. Administration

3.1 Administrator

The administration of the Certified Ratings Program

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 Seal.

3.3 Registering complaints

Complaints regarding ratings, licensed products,

misuse of the AMCA International Certified Ratings

Seal or reference to the AMCA International Certified

Ratings Seal shall be addressed to the Executive

Director of AMCA International. These complaints

shall be 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.

4. Responsibilities of Parties

4.1 AMCA International staff responsibilities

The AMCA International staff is responsible foradministering the Certified Ratings Program in

accordance with the requirements set forth in this

document. They will verify that the performance

ratings developed by the manufacturer were

developed in accordance with the requirements of

this program, conduct precertification test(s) to

confirm the Licensee's test results, and conduct

check tests of the Licensee's products as required by

this program.

The AMCA International staff is also responsible for

verifying that the catalogs published by the Licensee

conform to the requirements of the program.Precertification tests shall have priority over check

tests.

4.2 Licensees 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 thelicensed product line.

The Licensee is responsible for publishing a catalog

in accordance with the requirements of this Program.

5. Definitions

AMCA International - Air Movement and Control

Association International, Inc., a non-profit

corporation organized under the laws of the state of

Michigan, USA, having its principal office at 30 West

AMCA INTERNATIONAL, INC. AMCA 11-03 (R2008) (Rev. 6/08)

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University Drive, Arlington Heights, Illinois 60004,

USA.

AMCA International Accredited Laboratory - A

laboratory that has been accredited in accordance

with AMCA International Publication 111, Laboratory

Accreditation Program. An accredited laboratory may

be owned and operated by a Licensee with certified

ratings or by an independent individual ororganization.

AMCA International Laboratory - The association's

laboratory in Arlington Heights, Illinois, USA.

Independent Accredited Laboratory - A laboratory

commissioned by the AMCA International Board of

Directors to perform precertification tests, check tests

and challenge tests.

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 Certified

Ratings Program and that has been licensed by

AMCA International to bear the AMCA International

Certified Ratings Seal.

License - A legal contract between AMCA

International and a person, firm or corporation which

authorizes participation in the AMCA International

Certified Ratings Program and the affixing of the

AMCA International Certi fied Ratings Seal to

products listed in the appendices of the license. A

separate Annex to the License will be issued for eachcertified product line. The AMCA International

Certified Ratings Program License is Annex A of this

document.

Licensee - A person, firm, or corporation that enters

into a License Agreement to certify the ratings of a

product or products with AMCA International in

accordance with the requirements of this program.

AMCA International Certified Ratings Seal (The

Seal) - A registered trademark of the association

which can be applied to products to indicate that the

product is licensed by AMCA International to bear thisseal. The 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 Seal may be used in

catalogs and other publications only as permitted by

Section 10 of this document.

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.

Catalog - A printed document that contains the

dimensional data and performance ratings of a

product line, and that meets the other requirements

of the Certified Ratings Program. It is also defined aselectronic media that provides performance data for a

licensed product.

Product Similarity - This will vary by product and is

defined in each Product Rating Manual.

Catalog Data - The performance ratings of each

model and dimensional data of the product line in the

specific format that is to be published.

Licensed Product - A product that has met the

requirements of this program and for which an annex

to the License Agreement listing the product

identification has been issued.

Directory of Licensed Products - AMCA

International Publication 261, Directory of Products

Licensed to Use the AMCA International Certified

Ratings Seal. Publication 261 lists all products that

are currently licensed by AMCA International to bear

the Certified Ratings Seal. Agricultural products are

listed in AMCA International Publication 262, AMCA

International Directory of Agricultural Products with

Certified Ratings.

Shall and Should - The word "shall" is understood to

be a mandatory requirement and the word "should" is

understood to be advisory.

6. Procedure for Participating In the

AMCA International Certified Ratings

Program

Eligible parties participate in the AMCA International

Certified Ratings Program by first entering into a

Certified Ratings Program License Agreement with

AMCA International. Thereafter, any individual

product line may be licensed to bear the AMCA

International Certified Ratings Seal after the

requirements of this program are met, and an annex

to the License Agreement has been issued by AMCA

International for the product line.

6.1 Licensing procedure

An eligible applicant can obtain a Certified Ratings

Program License Agreement from AMCA

International by submitting a written request to the

Executive Director.

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AMCA 11-03 (R2008) (Rev. 6/08)

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 must 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 Seal,gives performance ratings and dimensional data for

the product(s), and is in compliance with the

requirements of the Certified Ratings Program. If

allowed by the applicable Product Rating Manual, 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.

7. Certification Procedure

7.1 General procedure

In general, the steps shown in Table 1 shall be

completed in order for a product line to become

licensed to bear the AMCA International Certified

Ratings Seal.

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. 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.

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 License. Test units shall be

production units, or preproduction units that are thesame 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 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 applicationand notify the applicant, if necessary, of any change

or further information required to comply with the

Certified Ratings Program. The application can be

found in the products applicable Product Rating

Manual.

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

F 7.8 Submit proposed catalog data Applicant

G 7.9 Staff review of proposed catalog data AMCA

H 7.1 Issue of notice of acceptability for license 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 license AMCA

Table 1 - Summary of Steps to Certify a Product

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7.5 Data submittal requirements

AMCA International staff shall accept for review only

test data which was obtained in an AMCA

International Accredited Laboratory or the AMCA

International Laboratory, in accordance with one or

more of the test standards recognized in AMCA

International Publication 111, Laboratory

Accreditation Program.

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 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 Certified Ratings Program.

7.6.2 When the data submitted in accordance with

Section 7.5 have been found to comply with the

requirements of the Certified Ratings Program,

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 The purpose of the precertification check test is

to establish that the product will, in fact, perform as

shown by the applicant's test results.

7.7.2 Except where noted in the applicable Product

Rating Manual, the precertification test shall be

conducted on a size and configuration tested to

establish the product's ratings.

7.7.3 The selected unit shall be tested by AMCAInternational in accordance with the applicable

sections of the Product Rating Manual and the

instructions of the applicant. 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 check test

tolerances, the applicant's test data shall not be

accepted by AMCA International staff.

AMCA International staff shall advise the applicant in

writing of the results of the precertification check test.

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 anothersize 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 proposed catalog data

The applicant shall submit the proposed catalog data

in the form intended for publication (tabular,

graphical, electronic, etc.). The prepared catalog data

may be submitted with the test data submitted in

Section 7.5, or may be submitted after the

precertification check test has been successfully

completed. The proposed catalog data may be in the

form of the proof copy of the proposed catalog.

7.9 AMCA International staff review of

proposed catalog data

After the precertification test has been completed

satisfactorily, AMCA International staff shall review

the proposed catalog data to verify that it is in

agreement with the test data and will advise the

applicant if they find any areas in question, or

disagreement with the test data, which then must becorrected by the applicant before a notice of

acceptability can be issued.

7.10 Issuance of notice of acceptability for

license

7.10.1 When the prepared catalog data has been

verified as correct by AMCA International staff, AMCA

International staff shall issue a "Notice of

Acceptability for License."

7.10.2 The "Notice of Acceptability for License" shall

be revoked if the requirements of Sections 7.11

through 7.14 are not completed within one year of

issuance of the "Notice."

Acceptability for licensing can be reinstated by

resubmitting an application for license per Section

7.4.

7.11 Submittal of proof copy of the catalog

A proof copy of the catalog shall be submitted to

AMCA International staff for both verification of the

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performance data and conformance to the

requirements for use of the AMCA International


7.12 AMCA International staff review of proof

copy of the catalog

The AMCA International staff shall review the proof

copy of the catalog and verify that the catalog data iscorrect and that the catalog conforms to the use of

the AMCA International Certified Ratings Seal in

accordance with Sections 10 and 11 of this

document. 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.

7.13 Submit finished catalog

The applicant shall submit to AMCA International staff

the finished catalog immediately prior to its release to

the public.

7.14 AMCA International staff review of

published catalog and issuance of the

license annex

7.14.1 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 annex to the License Agreement for the

product line.

7.14.2 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 annex to the

License Agreement. The applicant shall correct the

discrepancy and resubmit the catalog to AMCA


7.14.3 Model numbers and related catalog

identification shall be included in the annex to the

License Agreement and in subsequent editions of

AMCA Internationals Directory of Products Licensed

to Bear the AMCA International Certified Ratings Seal

and/or AMCA Internationals Directory of Agricultural

Products with Certified Ratings.

8. Other Certification Procedures

8.1 Certification procedure for similar products

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 Seal by submitting form CRP A and sufficient

data to verify the products are in fact similar (see theapplicable Product Rating Manual for the required

data). The 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 nameplatedproducts

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 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 bythe 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 productsmanufactured under license from anothermanufacturer

Subsidiaries, affiliates or licensees of a company

licensed under this program, manufacturing products

of the same design and construction as the licensed

product, may apply for the AMCA InternationalCertified Ratings Seal by having the parent company

complete and submit form CRP L. If the model

numbers used by the subsidiaries, affiliates, or

licensees are different from those used by the parent,

a listing of licensed model numbers and the

equivalent model numbers shall be included with the

applications.

The applicant shall follow the procedures of Sections

7.7 through 7.14 to obtain a license for the product

line.

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If the manufacturer 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.

9. Requirements for Maintaining theCertified Ratings License

The Licensee is responsible for maintaining

conformance to the requirements of the Certified

Ratings Program 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 both verification of the

performance data and conformance to the use of the

Certified Ratings 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 shalladvise 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 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


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

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.

9.3 Check tests

9.3.1 Purpose. The purpose of a check test is toensure that the performance of the as manufactured

unit remains consistent with the performance ratings

originally certified.

9.3.2 Time between checks. 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.

AMCA International staff shall select a suitable

product sample. The sample may be obtained from

the Licensee or purchased in the marketplace.

9.3.3 Nameplated products. In the case of a

nameplated product line, only the original

manufacturers product shall be subjected to a check

test.

9.4 Test procedure

Products submitted to or obtained by AMCAInternational staff for a check test shall be tested in

the AMCA International Laboratory or in an

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.

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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 orreplace 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.

9.6 Comparison of data

The check test results shall be compared to the

Licensee's published catalog data. The tolerances

permitted by the applicable Product Rating Manual

shall be applied to the 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 market place, 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 AMCAInternational 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 they are 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 this 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 and 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 withSection 9.1.

Failure to correct the catalog within the 90-day period

shall result in a withdrawal by AMCA International of

the Annex 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, they shall request inwriting that the unit be shipped to AMCA International

within 3 months from the date of request. Failure to

ship a unit within this time period shall constitute a

violation of the License Agreement and result in the

loss of the AMCA International Certified Ratings Seal

and revocation of the Annex to the License

Agreement for the product line. AMCA International

staff shall be authorized to grant up to 30 days

extension of this period when, in its opinion, special

circumstances so justify.

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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 Annex to the

License for the product line shall be withdrawn 6

months from the date of the original request.

The Annex to the License Agreement shall also be

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 revoking the Annex.

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.

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. 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 maybe 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 6 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.

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 Annex to the License

Agreement for the affected product line.

The Annex 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 Annex.

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 6 months from the date of notification that

the corrected product passed the check test.

9.10.4 Changed product. If the Licensee sells to the

public as a licensed product line a product that is

physically different in design and/or construction from

that which was 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 Annex to the

License Agreement immediately upon being certain

of the violation.

The only recourse available to the Licensee shall be

recertification in accordance with Section 9.10.6.

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 reference

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 web sites 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 thelicense to use the Seal.

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

Annex 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.

10. AMCA International Certified Ratings

Seal

10.1 Trademark

The AMCA International Certified Ratings 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.

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10.2 Purchase of the AMCA International

Certified Ratings Seals

The Licensee shall obtain quantities of the AMCA

International Certified Ratings Seal from AMCA

International. Reproduction of the AMCA International

Certified Ratings Seal for application to products is

strictly prohibited.

10.3 Reproduction of the AMCA International

Certified Ratings Seal

10.3.1 Size. No reproduction of the AMCA

International Certified Ratings Seal in published

material shall be larger than 42 mm x 70 mm (1.625

in. x 2.75 in.), unless the AMCA International staff

gives specific permission.

10.3.2 Color. When using black and white or one

colour reproduction, black is preferred. If light colored

paper is used, regard it as white for this purpose. Inmulti colour printing, only blue and yellow or blue,

yellow, and black may be used to reproduce as

closely as possible the actual AMCA International


10.4 Other logos and marks

Other than the AMCA International Certified Ratings

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 Seal

The AMCA International Certified Ratings 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:

a) On the same page of a catalog as the

performance ratings of a licensed product and

when accompanied by the required qualifyingstatement.

b) 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.

c) 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 Seal

The AMCA International Certified Ratings Seal shall

not be affixed to any product not licensed to use theSeal.

Reproductions of the Seal shall not be used:

a) On any page of a publication containing

performance ratings of any non-licensed

products except when displayed in accordance

with Section 11.4.2.

b) In photographs or illustrations of products not

currently licensed to use the Seal.

c) In any way to imply that products not currently

licensed to use the Seal are so licensed.

d) To imply that the certification applies to ratings

not covered by the license agreement annex,

e.g. implying that certification covers both air

performance and sound ratings for a fan when

only air performance ratings are certified.

e) 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 30day period or failure to complete the corrective action

within 3 months shall result in the withdrawal of the

Annex to the License Agreement for any or all

product lines affected by the violation.

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

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contains the AMCA International Certified Ratings

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.

The use of reproduction of the AMCA International

Certified Ratings Seal shall comply with therequirements 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 that may be removed from the cover, each

sheet or loose leaf shall be identified and dated as

above.

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

nonlicensed 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 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. Such

terms as "AMCA International certified," "AMCA

International certification," "AMCA International

Certified Performance Ratings," or similar terms shall

not be used. 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

equivalent, of any promotional literature, space

advertising, or other publications that contain

reproduction of the AMCA International Certified

Ratings Seal, or make reference to licensed products

as permitted by Section 11, shall be submitted to

AMCA International staff for review prior to

publication to establish compliance with the Certified

Ratings Program.

AMCA International staff shall advise the Licensee ofconformance 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 besubject 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:

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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

Executive Committee of the AMCA International

Board by written request directed to the Executive

Director.

In the event that agreement cannot be reached

between the Executive Committee and the appealing

party, the appeal shall be put before the AMCA

International Board of Directors.

16.2 Settlement of disputes

Any disagreement concerning the administration ofthe Certified Ratings Program that cannot be settled

by the appeal procedure above shall be submitted to

a Final Appeals Board consisting of three impartial

persons not associated with the air moving industry.

The AMCA International President shall obtain the

services of three persons to serve on this board who

are acceptable to the Licensee. The decision of the

Final Appeals Board shall be binding on both parties,

and the cost of convening the board, together with

the cost of laboratory tests to resolve the dispute,

shall be borne by the party in error.

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.

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Annex A. License Agreement

Air Movement and Control Association International, Inc.

Certified Ratings Program License Agreement

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 Michigan, 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 license any person, firm or corporation within the United States of

America and Canada (and within any other country wherein its Certified Ratings Seal is registered as a trademark)

manufacturing air movement and control devices, and certain other sellers of such devices, 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 is engaged in the business of manufacturing air movement and control devices or of

selling the products of licensed manufacturers and desires to use said Seal for properly qualified products on the

products themselves or reproductions of it in publications, advertising, and other communications relating to suchproducts and wishes so to be licensed;

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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 andagrees 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.

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.

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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 judgement 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 theLicensee. 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 suchlaboratory shall be borne by the party in error.

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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 theLicensor.

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 thecatalogs, 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 ofLicensee 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.

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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: BARBARA L. MORRISON

TITLE: EXECUTIVE DIRECTOR

WITNESS:

PLACE CORPORATE SEAL HERE:

LICENSEE:

SIGNATURE:

SPELL NAME:

TITLE:

WITNESS:

: PLACE CORPORATE SEAL HERE:

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The AMCA Certified Ratings Seals are the property of the Air Movement and Control Association International, Inc.

and may be used only on the particular products of the licensees listed in appendices to the License Agreement.

"Exhibit A"

Quantities of the AMCA International Certified Ratings Seals may be obtained by the Licensee

from the AMCA International Office. Reproduction of the Seals for application to air movement

and control products is strictly prohibited

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Annex B. CRP A Form

Application for AMCA International Certified Ratings Seal for similar products

APPLICATION FOR AMCA INTERNATIONAL CERTIFIED RATINGS SEAL

CRP A FORM

TO: AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL, INC.

Company Name:

Address:

Authorized Signature: Date:

Print Name: Title:

PRODUCT INFORMATION

Please accept this application to extend the license

to use the AMCA International Certified Ratings Seal

to the product listed hereon. This product is similar to

our product:

which is licensed to bear the AMCA International Seal

under our License Agreement Appendix No:

Application for:

Similar Product Name:

(As to be listed in the Directory)

Originally Licensed Product Name:

SIZESIMILAR

PRODUCT MODEL NUMBER

ORIGINALLY LICENSED PRODUCT

MODEL NUMBER

30 WEST UNIVERSITY DRIVE, ARLINGTON HEIGHTS, ILLINOIS 60004-1893 U.S.A.

Telephone: (847) 253-0150, Fax (847) 253-0088, Web site: http://www.amca.org

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Annex C: CRP B Form

Application for AMCA International Certified Ratings Seal for brand named products


CRP B FORM

AMCA 11-03


Please accept our application for license to use the

AMCA International Certified Ratings Seal on the

product listed hereon. We are purchasing this

product under brand naming arrangement from:

which is the Original Equipment Supplier. The

Original Equipment Supplier is currently licensed to

use the AMCA International Seal on the product

referenced hereon and is in full agreement with the

content of this application.

We understand that the license to use the AMCA

International Seal is dependent on the Original

Equipment Supplier maintaining full compliance with

AMCA Internationals Certified Ratings Program.

Application for:

Company Name:

Address:


Print Name: Title:

We have examined this application and fully endorse it.

Original Equipment Supplier:

Address:


Print Name: Title:

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Applicant Company:

New Product Name:

(As to be listed in the Directory)

OEM Company:

OEM Licensed Product Name:

SIZE MODEL NUMBER SIZE MODEL NUMBER

PRODUCT INFORMATION

APPLICANT ORIGINAL EQUIPMENT SUPPLIER

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Annex D: CRP L Form

Application for AMCA International Certified Ratings Seal for products manufactured under license


CRP L FORM


Please accept our application for license to use the

AMCA International Certified Ratings Seal on the

product listed hereon. We are manufacturing this

product under licensing arrangement from:

which is the Original Licensee. The Original

Licensee is currently licensed to use the AMCA

International Seal on the product referenced hereon

and is in full agreement with the content of this

application.

We understand that the license to use the AMCA

International Seal is dependent on the Original

Licensee maintaining full compliance with AMCA

Internationals Certified Ratings Program.

Applica

Documents

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