A banner ad can be a legitimate link source, it will be an arrangement between the site owners and not done through an ad network. It would just be like you coming to me asking for a link on my site, but instead of anchor text using an image. Not using a no-follow tag is against guidelines, but you could argue it's not a banner ad and a legitimate link.
Link juice is definately not passed through banner ads on ad networks such as adwords/doubleclick or affiliate banners as they bounce over an adserver first.