The policy is official - I spoke with Sideshow (two different reps actually.) I discovered it when I tried to order Indy earlier this week, which did not have an NRD just last week.
It is curious on the HT stuff not getting the NRD yet - maybe they just haven't done it yet or maybe the SSC CS person was wrong regarding it applying to HT also. Though it doesn't make a whole of sense that they would charge a NRD on a Sideshow figure PO and not a HT figure PO that are side-by-side on the website - you'd think that would hurt PO's on SSC's own products and not HT's products.
On the point of whether a NRD is binding if the production figure does not match up to the proto, they stated there "will always be differences" and the figures are "hand crafted so they won't match the prototype exactly." Me and Nathan Drake launched an immediate counter offensive. Their response - "we'll work with you" if you aren't happy with an item and want a full refund including the NRD - "We'll always do our best to help."
This policy does come at a somewhat odd time - SSC is right now trying to prove that the new much higher pricepoint is warranted vs. HT's products. They haven't really proven it yet (given the look of not-yet-released Han and Luke Hoth) yet they put out a policy that seems like it would force customers to avoid placing a PO, which was an important part of Sideshow's business model for ten years.
Who knows, maybe the business has changed too much - their first SW figure Luke Jedi shipped FOUR MONTHS after PO - lag times of well over a year are very common these days.