App Store 90 day refund policy found in developer contract

Earlier in the day, Kotaku picked up on a seemingly new passage in the iPhone developers contract, which insists game companies accept a 90 day refund on App Store products for the end user - similar in vein to the Android Markets 24 hour returns policy (only 89 days longer, of course).
On top of this, Apple retains its 30 per cent commission, which the developer must agree to foot the bill for. Naturally this has caused more than a few perturbing chest pains for the iPhone development community.
Pocket Gamer did some digging into this policy, and uncovered the following passage in the Apple developers contract:
Whats interesting, however, is that it turns out this passage has always been in the developers contract - it simply seems to have gone unnoticed until the similar Android policy caught the medias attention.
Whether its new or old, however, the policy does appear to be open to abuse and undeniably weighted against the developer, who stands to lose a lot of money (directly into Apples bank account) should a large scale refund ever be issued.