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AMCA Publication 11-03

Certified Ratings Program Operating Manual

(R2008) (Rev. 6/08)

ASSOCIATION INTERNATIONAL, INC.


The International Authority on Air System Components

AIR MOVEMENT AND CONTROL

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

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.

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 E.W. Petersen F.W. McKenna W.A. Curtiss G.M. Egoff R.G. Lubinsky D.D. Herrman H.R. Bohanon J.W. Mathis J.J. Friedler N.A. Patton F. Manget R.H. Freevol R.C. Greenheck The New York Blower Company American Blower American Air Filter, Kennard Division Peerless Electric Sheldons Manufacturing Corporation The Trane Company Hartzell Propeller Fan Company Acme Engineering & Manufacturing Corporation The New York Blower Company Ilg Electric Ventilating Company American Coolair Corporation The Trane Company Garden City Fan & Blower Company 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 Claude Longet John Cermak Dave LeClerc/Rad Ganesh Chris Lack Mike Duggan Woods Air Movement Limited ABB Solyvent-Ventec Acme Engineering & Manufacturing Corporation Aerovent, A Twin City Fan Company Elta Fans Limited Federation of Environmental Trade Associations Limited

Pete Neitzel Paul Novotny Dario Brivio R. Arnold Robb Ian P. Andrews Mark Stevens Joe Brooks

Greenheck Fan Corporation The New York Blower Company Nicotra S.p.A. Universal Fan & Blower Limited Vent-Axia Limited AMCA International Staff 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 International 30 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 CRP A License Agreement Application for AMCA International Certified Ratings Seal (for similar products) Application for AMCA International Certified Ratings Seal (for nameplated products) Application for AMCA International Certified Ratings Seal (for products manufactured under license)

CRP B

CRP L

TABLE OF CONTENTS

1. 2. 3.

Purpose .................................................................................................................................................1 Participation Eligibility .........................................................................................................................1 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. 6.

Definitions..............................................................................................................................................1 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

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

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: Annex B: Annex C: Annex D: Annex E: License Agreement ...............................................................................................................13 CRP A Form............................................................................................................................19 CRP B Form ...........................................................................................................................20 CRP L Form ............................................................................................................................22 Check Test Flow Chart ..........................................................................................................24

AMCA INTERNATIONAL, INC.

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

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 performance required. 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.

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 for administering 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.

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 selling the products of a licensed manufacturer under the name of the selling company, shall be eligible to participate in this program.

4.2 Licensees responsibilities

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.

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.

3.3 Registering complaints


Complaints regarding ratings, licensed products, misuse of the AMCA International Certified Ratings Seal or reference to the AMCA International Certified

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 1

AMCA 11-03 (R2008) (Rev. 6/08) 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 or organization. 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 Certified Ratings Seal to products listed in the appendices of the license. A separate Annex to the License will be issued for each certified 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 this seal. 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 2 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 as electronic 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.

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.

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 the same in geometric details as those offered to the public.

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.

7.4 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 application and 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.

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.

Table 1 - Summary of Steps to Certify a Product

Step
A B C D E F G H I J K L

Section
7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.1 7.11 7.12 7.13 7.14

Description
Test the product(s) to be licensed Apply for a product line license Submit the required data Staff review of submitted data Conduct the precertification check test Submit proposed catalog data Staff review of proposed catalog data Issue of notice of acceptability for license Submit proof copy of catalog Staff review of catalog proof copy Submit finished catalog Staff review of catalog and issuance of license

Responsibility
Applicant Applicant Applicant AMCA AMCA Applicant AMCA AMCA Applicant AMCA Applicant AMCA 3

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

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.

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 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.

7.6 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.

7.8 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 be corrected by the applicant before a notice of acceptability can be issued.

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 AMCA International 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. 4

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

AMCA 11-03 (R2008) (Rev. 6/08) performance data and conformance to the requirements for use of the AMCA International Certified Ratings Seal.

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 the applicable 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.

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 is correct 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.

8.2 Certification procedure for nameplated products


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 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.

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 International staff. 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.

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

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

9. Requirements for Maintaining the Certified 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.

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 to ensure 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.

9.1 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 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 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 Application for Certified Ratings Form and following the procedure in Sections 7.5 through 7.14. If the 6

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 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.

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

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.

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 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 with Section 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 in writing 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.

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

AMCA 11-03 (R2008) (Rev. 6/08) 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 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 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. 8 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 the license 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.

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

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.

bear the Seal. When no performance ratings of any kind are present, no qualifying statement is required.

10.6 Prohibited uses of the International Certified Ratings Seal

AMCA

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. In multi colour 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 Seal.

The AMCA International Certified Ratings Seal shall not be affixed to any product not licensed to use the Seal. 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.

10.4 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.

10.7 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 3 months shall result in the withdrawal of the Annex to the License Agreement for any or all product lines affected by the violation.

10.5 Permitted uses of the International Certified Ratings Seal

AMCA

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 qualifying statement. 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

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 9

AMCA 11-03 (R2008) (Rev. 6/08) 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 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 that may be removed from the cover, each sheet or loose leaf shall be identified and dated as above. 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 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.

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 nonlicensed 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.

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:

10

AMCA 11-03 (R2008) (Rev. 6/08) a) The challenging party shall provide the test unit at no cost to AMCA International. b) 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. c) The request shall be made in writing to the AMCA International Executive Director, with a copy to the Licensee. d) The challenging party, by making a request for a challenge test, agrees to all applicable provisions of the Certified Ratings Program. e) The challenging party shall be informed by AMCA International whether the challenge has passed or failed. 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 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 Executive Committee shall authorize. They shall list all products that are licensed to use the AMCA International Certified Ratings Seal at the date of publication and identify the latest approved catalog containing the ratings of each licensed product.

14. License Fees and Assessments


License fees and rates of assessment shall be set by the 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 the association. 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 Seal.

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 liable 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.

15. Data Checking and Listing Charges


AMCA International staff shall make a standard charge to: a) Review the test data and rating data, issue a license or license annex, and list each new product in the Directory of Products Licensed to bear the AMCA International Certified Ratings Seal or in the Directory of Agricultural Products with Certified Ratings, as applicable. b) Review the test data and rating data, change a license or license, and change the listing in the Directory of Products Licensed to bear the AMCA International Certified Ratings Seal or in the Directory of Agricultural Products with Certified Ratings, as applicable. Determination of charges: The amount of these standard rates of charge shall be determined from time to time by the Board of Directors. 11

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 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 market place check test within six to twelve months from the date of notification that the product failed the check test. Should the second market place 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 recheck test or certification.

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

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 of the 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.

12

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

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 principal office at 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 such products and wishes so to be licensed; corporation, having its hereinafter called the

13

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

14

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

15

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

16

AMCA 11-03 (R2008) (Rev. 6/08) 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: TITLE: WITNESS: PLACE CORPORATE SEAL HERE: BARBARA L. MORRISON EXECUTIVE DIRECTOR

LICENSEE: SIGNATURE: SPELL NAME: TITLE: WITNESS: : PLACE CORPORATE SEAL HERE:

17

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

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 18

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

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. 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:

Application for:

which is licensed to bear the AMCA International Seal under our License Agreement Appendix No:

Company Name: Address: Authorized Signature: Print Name: Title: Date:

PRODUCT INFORMATION Similar Product Name: (As to be listed in the Directory) Originally Licensed Product Name:

SIZE

SIMILAR 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 19

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

AMCA 11-03

Annex C: CRP B Form


Application for AMCA International Certified Ratings Seal for brand named products

APPLICATION FOR AMCA INTERNATIONAL CERTIFIED RATINGS SEAL CRP B FORM

TO: AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL, INC. 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: 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: 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.

Company Name: Address: Authorized Signature: Print Name: Title: Date:

We have examined this application and fully endorse it. Original Equipment Supplier: Address: Authorized Signature: Print Name: Title: Date:

20

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

PRODUCT INFORMATION

Applicant Company:

OEM Company:

New Product Name: (As to be listed in the Directory)

OEM Licensed Product Name:

SIZE

APPLICANT MODEL NUMBER

ORIGINAL EQUIPMENT SUPPLIER SIZE MODEL NUMBER

21

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

Annex D: CRP L Form


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

APPLICATION FOR AMCA INTERNATIONAL CERTIFIED RATINGS SEAL CRP L FORM

TO: AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL, INC. 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: 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. Application for: 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.

Company Name: Address: Authorized Signature: Print Name: Title: Date:

We have examined this application and fully endorse it. Original Licensee: Address: Authorized Signature: Print Name: Title: Date:

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

PRODUCT INFORMATION

Applicant Company:

Original Licensee:

New Product Name: (As to be listed in the Directory)

Original Licensed Product Name:

SIZE

APPLICANT MODEL NUMBER

ORIGINAL LICENSEE SIZE MODEL NUMBER

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

Annex E. Check Test Flow Chart (informative)


(This flow chart does not address challenge tests nor check tests where the test unit was obtained in the marketplace. In all cases, the text of this publication supersedes this flow chart)

Check test request generated by AMCA International Yes

Note: One 30-Day extension/check test allowed. Unit not provided on time after extension loses license to use Seal.

Check test unit received on or prior to the request date

No

Manufacturer requests 30-day extension

No

AMCA withdraws license to use Seal

Yes AMCA Inspects check test unit for shipping damage Yes

Unit damaged

Yes

Manufacturer repairs or replaces unit in 60 days

No

No

AMCA verifies design meets original product specifications

Unit meets design criteria

No

Manufacturer resolves design issues within 90 days

No

Yes AMCA tests unit using appropriate tolerances

Yes

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

Product line returned to 36 months check test internal

Yes

Check test unit passes check test?

No

Licensee selects one of the following options: Inspect the test unit Withdraw certification Publish new ratings

Start

Check test unit returned to licensee for inspection

AMCA withdraws license to use Seal

No

New ratings published within 6 months?

Licensee selects one of the following options: Repair or correct the unit and return to AMCA for recheck test Withdraw certification Publish new ratings Yes

Test unit returned to AMCA within 90 days?

No

AMCA withdraws license to use Seal

No

New ratings published within 6 months?

Yes

AMCA calls for check test anytime after 6 months

Start

Yes AMCA recheck tests the unit using appropriate tolerances

Licensee selects one of the following options: Withdraw certification Publish new ratings

No Check test unit passes recheck test

AMCA withdraws license to use Seal

No

New ratings published within 6 months?

Yes

Yes

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AIR MOVEMENT AND CONTROL


ASSOCIATION INTERNATIONAL, INC.
30 West University Drive Arlington Heights, IL 60004-1893 U.S.A.

Tel: (847) 394-0150 E-Mail : info@amca.org

Fax: (847) 253-0088 Web: www.amca.org

The Air Movement and control Association International, Inc. is a not-for-profit international association of the worlds manufacturers of related air system equipment primarily, but limited to: fans, louvers, dampers, air curtains, airflow measurement stations, acoustic attenuators, and other air system components for the industrial, commercial and residential markets.