This is interesting, what has been the publisher response to your grievances? Perhaps B&N have some kind of default license with the publisher and globally apply it, they don't have nuanced control over the license types on their website?
I think harassing the publisher and getting them to harass B&N might get it resolved eventually. If you have 11k downloads now, if it is international on B&N as well you could hit 20k

Congrats by the way.