Yes, they do explicitly say exactly that. Term 3 in Jon Fine's email is "AMI agrees not to publish" and that directly follows term 2, which is Bezos backing off his assertion that AMI is politically motivated in their coverage. And term 6 means they get to keep the blackmail materials.
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I don't usually put myself in debates on HN but I have always thought of you as a very rational guy so I'm surprised you make this comment-
Situation A: where none of this happened. Ami reserves the right to publish photos. Perfectly legal.
Situation B: Present Offer- I wont publish them. But if you cheat- we go back to situation A.
Plain and simple. I am no lawyer bit everyone I've read today says that basically bezos has no case and his legal allowed him to publicize evidence and comment on 'an ongoing case'- commentary which can alter the 'case' pretty much means there is no case. The only thing that remains to be seen (or ignored) is when Ami will publish his photos because if they really want to play this game- that's what their next step would be.