Download - AMCA 513-141
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The International Authority on Air System Components
AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL INC.
AMCA Publication 513-14
Economizer Damper and Return Air Damper Secondary Labeling
Program
AIR MOVEMENT AND CONTROLASSOCIATION INTERNATIONAL INC.
30 West University DriveArlington Heights, IL 60004-1893 U.S.A.
Tel: (847) 394-0150 Fax: (847) 253-0088 Email : [email protected] 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 not limited to fans, louvers, dampers, air curtains, airflow measurement stations, acoustic attenuators and other air system components for the industrial, commercial and residential markets.
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AMCA Publication 513-14
Economizer Damper and Return Air Damper Secondary Labeling Program
Air Movement and Control Association International30 W. University Drive
Arlington Heights, Illinois60004
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AMCA Publication 513-14 was adopted by the membership of the Air Movement and Control Association International Inc. on October 7, 2014.
2014 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.
Air Movement and Control Association International Inc. will consider and take action upon 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 DriveArlington Heights, IL 60004-1893 U.S.A.
European AMCAAvenue des Arts, numro 46 Bruxelles (1000 Bruxelles)
Asia AMCA Sdn BhdNo. 7, Jalan SiLC 1/6,Kawasan Perindustrian SiLC Nusajaya,Mukim Jelutong, 79200 Nusajaya, JohorMalaysia
AMCA uses its best efforts to produce standards for the benefit of the industry and the public in light of avail-able information and accepted industry practices. However, AMCA does not guarantee, certify or assure the safety or performance of any products, components or systems tested, designed, installed or operated in accordance with AMCA standards or that any tests conducted under its standards will be non-hazardous or free from risk.
AMCA Publications
Authority
Copyright
Objections
Disclaimer
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Tony Moffett Ruskin Rooftop SystemsCommittee Chair
Kurt Kluck Greenheck Fan Corporation
Dane Carey T.A. Morrison & Co. Inc.
Joseph Brooks AMCA Staff
Review Committee
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Related AMCA Documents
AMCA Publication 11 Certified Ratings Program Operating Manual
AMCA 500-D Laboratory Methods of Testing Dampers for Rating
RelatedPublications
RelatedStandards
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Contents
1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3.1 Licensee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3.2 Sublicensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3.3 Economizer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3.4 Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3.5 Associated licensed product . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3.6 AMCA conformance verification labels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4. Secondary Labeling Program Participation Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. Responsibilities of Parties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5.1 AMCA staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5.2 Licensees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5.3 Sublicensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
6. Procedure for Participating in the Secondary Labeling Program . . . . . . . . . . . . . . . . . . . . . . . . . 26.1 Licensing/sublicensing procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
6.2 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
6.3 Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
7. Requirements for Maintaining License and Sublicense. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28. Label Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8.1 Trademark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8.2 Purchase of the AMCA Secondary Label Program labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
8.3 Permitted uses of the AMCA Secondary Label Program label. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
8.4 Prohibited uses of the AMCA Secondary Label Program label . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9. Violations and Violation Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39.1 Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.2 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.3 Notification of the AMCA website Secondary Label Program Directory update. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.4 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
10. Catalog and Marketing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411. Directory of Labeled Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412. Label License and Sublicense Fees and Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413. Appeals and Settlement of Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
13.1 Appeal procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
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13.2 Settlement of disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
14. Program changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Annex A References (Normative). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Annex B SLP License Agreement Addendum (Normative) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Annex C Sublicense Agreement (Normative) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Annex D Secondary Label Program Application Form (Normative). . . . . . . . . . . . . . . . . . . . . . . . 12
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AMCA 513-14 | 1
Economizer Damper and Return Air Damper Secondary Labeling Program
1. Purpose
This document outlines the purpose of the AMCA International Economizer Damper and Return Air Damper Secondary Labeling Program (SLP). The program exists to provide code and other regulatory authorities assurance that a damper found in labeled equipment that may not be easily visible meets regulatory or building code requirements.
2. Scope
The scope includes volume control dampers used as econo-mizer dampers and return air dampers found in various types of heating, ventilating and air conditioning (HVAC) devices. The dampers are required to be low leakage in order to perform their intended function. The devices in which these dampers are mostly found include air handling units, roof top units, etc.
This document will provide the procedure by which eligible companies may obtain a license or a sublicense to place the label on their products if a duly qualified damper is used in the product.
3. Definitions
3.1 Licensee
This program uses the term licensee in two ways. In a more general sense, an AMCA Certified Ratings Program (CRP) licensee is any company authorized to use the seal. A SLP licensee is a CRP licensee that meets the require-ments of the program as described herein. A SLP licensee has the ability to apply the secondary label without becom-ing a sublicensee.
3.2 Sublicensee
A manufacturer that is authorized to apply the secondary label to devices that incorporate either economizer damp-ers or return air dampers that are licensed in accordance with AMCA Publication 511 [1] but not manufactured by the sublicensee manufacturer. Sublicensees must be approved in writing by AMCA.
3.3 Economizer
A duct and damper arrangement and automatic control system that together allow a cooling system to supply outdoor air to reduce or eliminate the need for mechanical cooling during mild or cold weather.
3.4 Violation
Any occurrence involving the AMCA SLP that is a breach of the program rules defined by the program documents. Each SLP violation is described in Section 9.
3.5 Associated licensed product
An HVAC device offered to the public that incorporates an economizer damper or a return air damper authorized to bear the AMCA CRP seal and that meets all requirements of this Secondary Labeling Program.
3.6 AMCA conformance verification labels
The label that sublicensees associated licensed products can bear, indicating an AMCA-certified damper is installed in the device. These are also known, in this program docu-ment, as a secondary label.
4. Secondary Labeling Program Participation Eligibility
The parties that may participate in this program are the SLP licensee that manufacturers an AMCA-licensed damper and the sublicensee that manufacturers the HVAC device that incorporates the licensed damper.
Any manufacturer engaged in at least the assembly of HVAC devices that utilize an AMCA-certified performance rated damper as an economizer damper or return air damper is eligible to participate in the program as a sublicensee upon the execution of a sublicense agreement with AMCA.
5. Responsibilities of Parties
5.1 AMCA staff
AMCA staff is responsible for the overall administration of the program and therefore is responsible for following:
Maintenance of records of all licensees, sublicens-ees and their products licensed under this program
Ensuring completion and correctness of all applica-tions requesting licensed use of the secondary label
Keeping and maintaining the directory of products authorized to bear the secondary label
Printing secondary labels and selling them to autho-rized SLP licensees
Enforcing all reported violations of the program
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5.2 Licensees
Licensees are responsible for the following:
Performing all necessary steps to obtain a CRP license, which will allow the economizer damper and/or return air damper product line provided to the sublicensee the authority to bear the AMCA CRP seal per the current edition of AMCA Publication 511
Reviewing and recommending approval of the sublicensee application to display a damper secondary label
Purchasing secondary labels for further distribution to sublicensees
Keeping AMCA staff and sublicensees aware of any changes that could affect the performance of their AMCA licensed product(s)
Maintaining the certification status of the product licensed under this program, offered as an econo-mizer damper or return air damper
5.3 Sublicensees
Sublicensees are responsible for the following:
Applying the secondary label only on equipment so authorized
Only using the secondary label on associated licensed products after approval by AMCA staff
Obtaining approval from AMCA staff on any and all marketing materials that include the secondary label prior to use or publication of said marketing material. (Staff will turn most requests around in one business day.)
Complying with all terms of the sublicense agree-ment entered into between sublicensee and AMCA
Applying the correct Secondary label (Class 1A, Class 1, or Class 2) that accurately describes the licensed performance of the certified product
6. Procedure for Participating in the Second-ary Labeling Program
Eligible licensees may participate in the SLP by certifying a product under the program scope and then signing the SLP addendum to their license agreement. Thereafter, any individual sublicensed product line may be licensed to bear the SLP label (via the sublicense) after the requirements are met and an appendix to the license agreement has been issued by AMCA for the product line.
6.1 Licensing/sublicensing procedure
An eligible applicant licensee and sublicensee can obtain a
SLP addendum to their original license or sublicense agree-ment from AMCA by submitting a written request to the executive director.
The SLP addendum to the license or sublicense agreement shall be signed by the owner or officer of the party seek-ing a license or sublicense and sealed if incorporated. Two signed/sealed copies are to be sent to AMCA, attention of the executive director. AMCA will sign, seal and return one copy of the license or sublicense agreement to the applicant.
6.2 Application
The sublicensee shall submit an application requesting an appendix be issued for the associated licensed products to be labeled. An example of a CRP SLP application is shown in Annex D.
6.3 Approvals
AMCA staff will review the application, and if all material is in order and meets the requirements of the program, staff will issue a sublicense appendix and list the approved associ-ated licensed products on the AMCA Directory of Secondary Labeled Products. The appendix will be sent to the sublic-ensee and licensee(s).
7. Requirements for Maintaining License and Sublicense
As long as the associated licensed products remain licensed and the sublicensee follows all the requirements of this program, the sublicense will remain intact. AMCA retains the right to terminate the sublicense if sublicensee fails to comply with the terms of the sublicense agreement and/or if the licensee fails to comply with the terms of the license agreement entered into between it and AMCA.
No modifications to the damper that may change the stand-alone certified performance are allowed.
8. Label Requirements
A licensee can only obtain authorized labels from AMCA headquarters.
8.1 Trademark
The SLP label is a registered trademark of AMCA International. It may be affixed to an associated licensed product or reproduced by the licensee or sublicensee in cata-logs and other publications, as permitted by this document.
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8.2 Purchase of the AMCA Secondary Label Pro-gram labels
The licensee shall obtain quantities of the AMCA SLP label from AMCA headquarters. Reproduction of the SLP label for application to products is strictly prohibited. AMCA headquarters will be the sole source of labels. A licensee can then distribute or sell these labels to its associated sublicensee(s).
8.3 Permitted uses of the AMCA Secondary Label Program label
The SLP label may be affixed to a product of a manufacturer that is sublicensed to use the label. Upon receipt of written approval from AMCA, reproduction of the label may be used in publications, advertising, displays and exhibits, etc., when directly and specifically associated with a product currently licensed to the bear the seal or label.
8.4 Prohibited uses of the AMCA Secondary Label Program label
The SLP label shall not be affixed to any product not licensed to use the label. Reproductions of the label shall not be used in the following ways:
On any page of a publication containing perfor-mance ratings of any non-licensed products
In photographs or illustrations of products not currently licensed to use the label
In any way that implies products not currently licensed to use the label are so licensed
To imply certification of manufacturing quality
9. Violations and Violation Procedures
9.1 Violations
The use by a licensee or sublicensee of the label or other logos or marks in any way that is prohibited by Section 8.4 shall be considered a violation of the license or sublicense agreement.
Distribution to the public of any promotional material, space advertising or publication that does not meet the require-ments of the program shall be considered a violation of the license or sublicense agreement.
9.2 Procedure
All actions required by the program documents are carried out by AMCA staff (as the licensor) and either the licensee or sublicensee.
9.2.1 ReportingAll members and the public are encouraged to report any suspected violations to the AMCA staff. All reports of possi-ble SLP violations should be accompanied by the appro-priate documentation. Documentation may consist of the offending item (e.g., a marketing brochure or catalog that contains the possible violation), photographs or pictures of the possible violation (e.g., a photograph of a non-licensed product with the SLP label clearly attached) or a website that shows the offense.
9.2.2 InvestigationOnce a possible violation of the SLP is reported, AMCA staff shall investigate to determine whether a violation occurred. If it is determined that a SLP violation did not occur, no further action is taken. If a violation did occur, AMCA staff will notify the licensee or sublicensee of the violation.
9.2.3 ActionsAMCA staff shall notify the licensee or sublicensee in writing and/or via email that they are in violation of the license or sublicense agreement as soon as it is aware of the prohib-ited use. Upon being placed on notice of the violation by AMCA, the licensee or sublicensee shall immediately cease the prohibited use and shall inform AMCA in writing, within 30 days of notification, what corrective action will be taken by the licensee or sublicensee to rectify the prohibited use.
Failure to inform AMCA of corrective measures within the 30-day period or failure to complete the corrective action within 60 days (unless an extension is granted by AMCA staff) after the notice of infraction shall result in the with-drawal of the appendix to the license or sublicense agree-ment for any or all product lines affected by the violation.
A non-licensees use of the label or other logo or mark in any way that is prohibited by this program shall be consid-ered illegal use. AMCA staff shall notify the non-licensee of the illegal use and demand that they immediately cease the prohibited use. That non-licensee shall then be required to advise AMCA, in writing, what corrective action will be taken by the non-licensee to rectify the prohibited use. Failure to complete the corrective actions within 30 days may result in AMCA taking legal action against the non-licensee.
9.3 Notification of the AMCA website Secondary Label Program Directory update
In addition to the actions and time frames found above, the AMCA website shall provide notification of the offense in accordance with Table 1.
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9.4 Appeals
If a licensee or sublicensee submits an appeal per Section 13 of AMCA Publication 513, all notification updates and actions will be suspended until the appeal is settled.
10. Catalog and Marketing Requirements
The licensee or sublicensee can be authorized to use a like-ness of the label in their catalog and marketing pieces. A licensee cannot use the label in its catalogs that include any certified performance data of any product under AMCAs scope. All marketing materials that are produced by any licensee or sublicensee shall be reviewed prior to printing and/or distribution by AMCA staff.
11. Directory of Labeled Products
AMCA will maintain a directory of SLP sublicensees and make the directory available on its website. The directory will include the sublicensees name, component product line names authorized to use the label, all associated licensees and the licensees associated certified products.
12. Label License and Sublicense Fees and Charges
License fees and rates of assessment for the sublicensee shall be set by the AMCA 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 AMCAs Annual Meeting.
13. Appeals and Settlement of Disputes
13.1 Appeal procedure
If the licensee or sublicensee does not agree with AMCA
staffs administration or interpretation of the requirements of this document or if the licensee or sublicensee want to request additional time beyond what is allowed to correct a violation, they may appeal to the executive committee of the AMCA Board of Directors by written request, directed to the executive director.
In the event that an agreement cannot be reached between the executive committee and the appealing party, the appeal shall be put before the AMCA Board of Directors.
Written notification of the results of the appeal review shall be sent to the appealing party.
13.2 Settlement of disputes
Any disagreement concerning the administration of the SLP that cannot be settled by the appeal procedure in Section 13.1 shall be resolved by the AMCA Board of Directors as set forth in Article V, Section 6(i) of the AMCA International Bylaws, which reads as follows.
In the case of any disputes with AMCA International members within the association and if an agreement cannot be reached between the Executive Committee and the disputing party, the dispute shall be put before the AMCA International Board of Directors. The decision of the AMCA International Board of Directors shall be the final determina-tion on any issues/disputes with the member(s) in question and shall be binding on all parties.
14. Program changes
Changes to this program shall be made in accordance with the procedure set forth by the AMCA International Bylaws. All revisions shall state the effective date, with respect to both new license applications and to previously licensed products.
Case No.
Violation Description Webpage on Which Violation is Posted
Initial Posting Removal of Posting
1 Improper use of secondary label Non-Licensed Product Section
Immediately after discovery
When corrected
2 Promotional, advertising, and/or marketing publications not meeting requirements
Directory of Violation Notices
30 days after discovery
When material is corrected and approved
3 Non-payment of any undisputed invoice after nine months Enforced License Withdrawals
Nine months after listing is withdrawn
Five years or until relicensed
4 If licensee discontinues certification of a product but sublicense continues use the SLP label
Non-Licensed Product Section
60 days Five years or until relicensed
5 If licensee discontinues certification of a product but contin-ues to use the SLP label (different from case no. 4 in that the licensee, not sublicensee, is applying the label)
Non-Licensed Product Section
30 days Five years or until relicensed
Table 1 Violation Table
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Annex A References (Normative)
[1] AMCA Publication 511. Certified Ratings Program Product Rating Manual for Air Control Devices. Arlington Hts., IL: AMCA International, 2013.
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Annex B SLP License Agreement Addendum (Normative)
ADDENDUM TO AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL INC. CERTIFIED RATINGS PROGRAM LICENSE AGREEMENT
This addendum (the Addendum) is hereby incorporated into the existing Certified Ratings Program license agreement (the License Agreement) entered into by and between the Air Movement and Control Association (AMCA) International Inc. and [full company name] (aka name).
I. Preamble
Add the following two paragraphs to the preamble:
WHEREAS the Sublicensee manufactures and/or sells products that use or incorporate the Licensees certified or verified air movement or control devices and the Sublicensee desires to obtain a sublicense from AMCA International to affix the Label on its products that incorporate such devices of the Licensee; and
WHEREAS AMCA International is willing to issue a sublicense for the use of the Label by the Sublicensee for those specific products manufactured or sold by the Sublicensee that incorporates the Licensees certified or verified devices in consideration for certain responsibilities and obligations to be assumed and carried out by the Licensee as hereinafter described; and
II. Section 1
Add below subparagraph (a) to Section 1:
(a) If the Licensee produces AMCA-International-certified or -verified system components or controls, and such components or controls are used in products manufactured by a customer of the Licensee, hereinafter referred to as an original equip-ment manufacturer (OEM), such OEM, upon entering into a sublicense agreement (the Sublicense Agreement) with AMCA International, may affix the Label(s) identified in the Sublicense Agreement to the OEMs product(s). AMCA International reserves the right to grant or refuse to grant a sublicense to an OEM customer of the Licensee at its sole discretion. In the event AMCA International grants sublicense to the OEM, the OEM shall be bound by all of the terms and conditions of this agreement entered into between AMCA International and the Licensee. AMCA International shall have the right to revoke the sublicense granted to the OEM in the event the OEM fails to comply with the terms and conditions of the Sublicense Agreement and/or this agreement. AMCA International shall also have the right to revoke the sublicense granted to the OEM in the event that this agreement is terminated.
III. Section 3
Section 3 of the License Agreement is modified as shown below to incorporate AMCA 513 as a required program document for the Economizer Damper and Return Air Damper Secondary Labeling Program:
3. The Licensee hereby accepts the standard test methods as specifically referenced in the Certified Ratings Program and any and all amendments and modification from time to time promulgated by the Licensor as setting forth the proper and best avail-able methods for testing and rating air movement and control devices. The Licensee hereby accepts and agrees to be bound by the provisions of the AMCA International Certified Ratings Program, as specified in Publications 211, 311, 511, 513, 611 and 1011 and as the same may hereafter from time to time be revised by AMCA International.
The Licensee participating in the ENERGY STAR program for residential ventilating fans accepts the standard test methods as specifically referenced in the Certified Ratings Program and any and all amendments and modifications from time to time promulgated by the U.S. Environmental Protection Program (U.S. EPA) as setting forth the proper and best available methods for testing and rating residential ventilating devices. The Licensee hereby accepts and agrees to be bound by the provision of
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the U.S. EPA ENERGY STAR program requirements product specification for residential ventilating fans and as the same may hereafter from time to tome be revised by the U.S. EPA
IV. Section 13
Section 13 of the License Agreement is modified as shown below to allow the licensee to knowingly permit another firm or corporation to use or make reference to the secondary label:
13. The license granted under this agreement shall be a nonexclusive license. This license shall not be subject to sale, trans-fer, assignment or other disposition, voluntary or involuntary, in whole or in part, without the prior written consent of the Licensor. The Licensee shall not knowingly permit any other person, firm or corporation to use the Seal or Label in any connection or for any purpose whatsoever in contravention of this agreement or Publications 211, 311, 511, 611, 1011, 512 and/or 513. The sole exception to the restrictions set forth above is in those instances in which the Licensees verified devices are used in products manufactured by an OEM customer of the Licensee, and such OEM has been granted a sublicense by AMCA International to affix the Label to its product(s) incorporating the Licensees devices. The Licensee agrees that the Seal or logo shall not be used by any person, firm, corporation or other entity who may combine a product of the Licensee with any other product or who may assemble a device with products purchased or obtained, in whole or in part, from the Licensee. It is further agreed that the Licensee shall not knowingly allow any person, firm, corporation or other entity that does not hold a valid license from AMCA International to use the Seal or logo on its product(s), even if such products are similar or comparative in design, performance or other characteristics to products manufactured and/or sold by the Licensee for which it is licensed to use the Seal or Label.
IN WITNESS WHEREOF, the parties hereto have executed this addendum the day and year first above written.
AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL INC.
SIGNATURE: ________________________________________________________________________
PRINT NAME: _______________________________________________________________________
TITLE: _____________________________________________________________________________
PLACE CORPORATE SEAL HERE:
LICENSEE: _________________________________________________________________________
SIGNATURE: ________________________________________________________________________
SPELL NAME: _______________________________________________________________________
TITLE: _____________________________________________________________________________
WITNESS: __________________________________________________________________________
PLACE CORPORATE SEAL HERE:
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8 | AMCA 513-14
Annex C Sublicense Agreement (Normative)
AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL INC. CERTIFIED RATINGS PROGRAM SUBLICENSE 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 place of business at 30 West University Drive, Arlington Heights, Illinois, 60004, USA, hereinafter called the Licensor or AMCA International, and _________________, a ___________________ corporation, having its principal place of business at ________________________________________, hereinafter called the Sublicensee. The Licensor and Sublicensee are collectively referred to herein as the Parties.
WITNESSETH:
WHEREAS the Licensor has developed, promulgated, and adopted standards for the testing and rating of air move-ment and control devices; and
WHEREAS in order to identify devices that 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 affect performance, the Licensor has adopted an identifying label entitled AMCA Verification of Compliance, a copy of which is attached to this agreement as Exhibit A and that hereinafter shall be referred to as the Label; and
WHEREAS AMCA International entered into a Certified Ratings Program License Agreement with ________________________________________ (hereinafter called "the Licensee,") pursuant to which AMCA International granted a license to the Licensee to use, among other things, AMCA International seal, hereinafter referred to as the Seal, for properly qualified devices on the devices themselves or reproductions of the devices in publications, advertising and other communications relating to such products; and
WHEREAS the Sublicensee manufactures and/or sells products that use or incorporate the Licensees certified or veri-fied air movement or control devices and the Sublicensee desires to obtain a sublicense from AMCA International to affix the Label on its products that incorporate such devices of the Licensee; and
WHEREAS AMCA International is willing to issue a sublicense for the use of the Label by the Sublicensee for those specific products manufactured or sold by the Sublicensee that incorporate the Licensees certified or verified devices, in consideration of certain responsibilities and obligations to be assumed and carried out by the Sublicensee as hereinafter described.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and for good and valu-able consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. AMCA International hereby grants to the Sublicensee a sublicense to use the Compliance Verification Label on those prod-ucts manufactured or sold by the Sublicensee that use or incorporate certified or verified air movement or control devices produced by the Licensee (hereinafter, the Products). Sublicensee shall be authorized to affix the specific Label(s) depicted in Exhibit A of this agreement on the Products and to use a reproduction of the Label(s) for the Products in publications, adver-tising and other communications issued by the Sublicensee pertaining to the performance ratings of such Products, subject to the terms and conditions of this agreement. The sublicense granted herein shall automatically terminate in the event that the license held by the Licensee to use the Label for the devices incorporated in the Products is terminated.
2. The Sublicensee hereby accepts the sublicense granted in Section 1 of this Sublicense Agreement for the Products and agrees to pay AMCA International an annual sublicense fee. The annual sublicense fee shall be determined by the AMCA International Board of Directors. The initial sublicense fee shall be due from the Sublicensee upon its execution of this agree-ment. Thereafter, AMCA International shall issue an invoice to the Sublicensee for the sublicense fee.
3. The Sublicensee hereby accepts and agrees to comply with and be bound by all of the terms and conditions set forth in the
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AMCA 513-14 | 9
Sublicense Agreement entered into between AMCA International and the Sublicensee. The Sublicensee further agrees that, upon the request of AMCA International, it shall make the Products available for inspection by AMCA International and/or its designee(s) at the Sublicensees place of manufacture.
4. The Sublicensee agrees that it shall only affix the Label to the Products and that it shall not affix, use or otherwise make refer-ence to the Label in connection with any other products manufactured or sold by the Sublicensee that do not use or incorporate certified or verified devices produced by the Licensee.
5. AMCA International shall have the right to terminate this Sublicense Agreement due to a breach or default of the Sublicensee of any of its obligations as set forth in this agreement and/or in Section 10 of the License Agreement entered into between AMCA International and the Licensee. The Parties agree that Sublicensees failure to pay the sublicense fee shall constitute a material breach of this agreement, giving rise to AMCA Internationals right to terminate the agreement.
6. The Licensor assumes no responsibility to any person, firm, corporation or other entity for the Sublicensees use of the Label. The Sublicensee agrees to indemnify and hold AMCA International, its officers, directors, members, employees and agents harmless from and against any and all losses, claims, demands, causes of action, damages or liabilities, joint or several, includ-ing reimbursement for legal expenses arising out of the purchase, sale, use or handling of the Products. The scope of this indemnification and hold harmless provision shall include but not be limited to any claim, demand or cause of action arising out of an alleged misrepresentation concerning the Products and/or the reliance by any person, firm, corporation or other entity on the Label.
7. The term of the agreement shall commence on the date of the execution hereof and shall continue until terminated as herein provided. The Sublicensee shall have the right to terminate this agreement by written notice to the Licensor of not less than 30 days. Upon termination of this agreement, the Sublicensee shall immediately cease the use of the Label and shall not thereafter use the same for any purpose whatsoever.
8. If any term of this Sublicense Agreement, and/or the License Agreement entered into between AMCA International and Licensee, is to any extent deemed invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof, and/or in the License Agreement, shall remain in full force and effect.
9. This agreement shall be governed by and construed in accordance with the laws of the State of Illinois of the United States of America.
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10 | AMCA 513-14
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: _____________________________________________________________________________
DATE: ______________________________________________________________________________
PLACE CORPORATE SEAL HERE:
SUBLICENSEE: ______________________________________________________________________
SIGNATURE: ________________________________________________________________________
PRINT NAME: _______________________________________________________________________
TITLE: _____________________________________________________________________________
DATE: ______________________________________________________________________________
PLACE CORPORATE SEAL HERE:
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AMCA 513-14 | 11
The AMCA Conformance Verification Labels authorized for use under the Sublicense Agreement are shown below. These Conformance Verification Labels are the property of the Air Movement and Control Association International Inc. and may be used only on the particular products of the Sublicensee that incorporate components or controls of AMCA International licenses listed in appendices to the Certified Ratings Program License Agreement.
Exhibit A
Quantities of the AMCA Conformance Verification Labels may be obtained by the Sublicensee from the Licensee. Reproduction of the Labels for application to the Sublicensees products is strictly prohibited.
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12 | AMCA 513-14
Annex D Secondary Label Program Application Form (Normative)
AIR MOVEMENT AND CONTROLASSOCIATION INTERNATIONAL INC.
30 West University DriveArlington Heights, IL 60004-1893 U.S.A.
Email: [email protected] Web: www.amca.orgTel: (847) 394-0150 Fax: (847) 253-0088
AMCA SECONDARY LABEL APPLICATION FORM CRP SLP
TO: AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL INC.
Please accept our application for license to use the AMCA Secondary Label Program label on the product listed hereon. We are purchasing this product for use in our economizer. The original licensee is currently licensed to use the AMCA Certified Ratings Program 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 Secondary Label Program label is dependent on the original licensee maintaining full compliance with AMCAs Certified Ratings Program.
Sublicensee Company: ________________________________________________________________________________
Company Address: ___________________________________________________________________________________
Authorized Signature: _________________________________ Date: __________________________________________
Print Name: _________________________________________ Title: __________________________________________
We have examined this application and its content and we fully endorse it.
Original Licensee: ____________________________________________________________________________________
Address: ___________________________________________________________________________________________
Authorized Signature: _________________________________ Date: __________________________________________
Print Name: _________________________________________ Title: ___________________________________________
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AMCA 513-14 | 13
Application for Use of AMCA Secondary Label:
Damper Product Name OEM Product Name Leakage Class @ 1 in.wg
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
1A 1 2
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AIR MOVEMENT AND CONTROLASSOCIATION INTERNATIONAL INC.
30 West University DriveArlington Heights, IL 60004-1893 U.S.
Tel: (847) 394-0150 Fax: (847) 253-0088 Email: [email protected] Web: www.amca.org
The Air Movement and Control Association International Inc. is a not-for-profit international association of the worlds manufacturers of air system equipment, primarily but not limited to fans, louvers, dampers, air curtains, airflow measurement stations, acoustic attenuators and other air system components for the industrial, commercial and residential markets.