I don't read section 3.3(i) as preventing criticism of performance, rather it prohibits the release performance benchmarks without further permission from Atlassian.

Having been on the receiving end of competitors running 'benchmarks' on a service I worked on, and the trumpeting the very contrived and out of context figures, I can understand why Atlassian is trying to prevent it from happening to them.

Pity that it probably won't work.