Re: Section 3
There may be a reason for that: namely, benchmark tests are often propaganda and spin. Nevertheless, it should be obvious that a clause like that can only make things worse.
Perhaps governments could pick up on that. Declaring such clauses unenforceable would have limited effect, but banning the sale of goods with such onerous restrictions - or requiring such sales to be approved by a licensing authority through an onerous process including public consultation - would surely cause vendors to stop and think what's reasonable.