If OVH wants to take Ubuntu and call it OVH Linux, they can do that.. and they won't need to pay Ubuntu anything.

OVH is being asked to pay for a license because they refuse to rename it, and they refuse to distribute it unmodified.

OVH could also distribute it unmodified, and then package their changes into a deb package that they tell customers to install. Or they could simply allocate severs depending on which OS a person selects (so Ubuntu will work unmodified).

The fact is, they have several options to comply with Ubuntu's trademark policies.. but they've chosen to do none of those things.