No it said not use that for marketing. And they didn't, the sales person said he would be the point of contact. They didn't market or try to sell him something in his message. He just send a request to be his contact.
The legal difference is important. No court would ever agree that “I’m your point of contact” is marketing anything. And since it was about the legal agreement between Microsoft and Cannonical the legal difference is anything but pedantic.
Courts look at the intent of contracts in the minds of the signers, not hyper literal readings of fixed-in-stone words. When both MS and Canonical agree that this breached acceptable usage, it’s time to give up that fight.
Neither company as far as I can tell agreed to that. Cannonical said it was a poor choice of words and in light of that review their policies. Aka tell people not to be so creepy. Microsoft just stated what the terms were. Unless there have been new statements released which I doubt since legal would probably have a fit if someone did that.
As I said no court would ever agree that “I’m your point of contact” is marketing.