It's best if you contact them and ask. Realistically the ad is actually being put on a page that has content. The reasons for this is because if it were not then Adsense is breaking their own TOS by having their own ads on a page with no content. I don't know if you have seen Googles large leaderboards where the bottom url of each ad is normally slightly missing, that's because their ads is on a page of their own and then is show in a window type thing or an iframe. That is why it is partially missing.
I would think that using the referral banner as an alternative in your Adsense ads would be perfectly fine.
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