Just got off the phone with them. They had their techs test the scope several times with no fogging. They were very polite. I shared a link to the update video in an email. They duplicate my tests with no fogging. They did use an alcohol wipe to clean the lens and watched for several minutes with no fogging. They gave me a choice of a refund with a copy of the receipt or the return of the scope. I elected to receive the scope. If it fogs again, it will just go on a different rifle that I don't hunt with.
It's hard for me to tell from the video, but I know from your vids you know how gear is supposed to work. I'm still on the fence about the 3-9x40 Diamondback. I would tell them to send me a brand new scope to try and if that does not work then they can refund the money.