As much as I agree and like his argument, the way he treats "cert" and "contract" seems a bit mixed up to me. Please clarify for me if I'm wrong on this:
Certification is for things like hardware and OS compliance: make sure you don't break the system, make sure you don't have bad crashes, make sure you have proper calls to handle things like achievements, etc...
Contract, and specifically the way he mentions it, is dealing with Microsoft the Publisher who would publish their game. How the publisher wants to align their games to what the market wants, etc.
During the E3 bombcast, I've noticed a similar "blurring of lines". He brought in one example of "game takes too long to load with no loading screen", which, to me, isn't that absurd, because the SAME violation exist on iOS in certification, where an app must be responsive within X # of seconds.