Those ToS are from Sony and Microsoft not Bungie. Which means Bungie would have to report you. Before that they would have to catch you with proof. Then even if somehow Bungie reports you it is still up to Sony/Microsoft to punish you.
In a nutshell nothing will happen.
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technically bungie could ban you from their server..
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They could also not give a shit.
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Yeah that's what I say, there's no trade system in place for it to matter.