Saw that when I was uploading a picture...thought it was interesting. The website is tinypic.com and probably gets like 500k visitors per day...I wonder what other benefits a premium publisher gets.
They are not premium, so they are not allowed both on the same page. Just because a publisher meets the page view requirements doesn't mean they will be accepted as a premium.
I bet they could still do it though and google has seen the broken tos, but just said whatever... I know even if you meet the pageviews, you wont' get accepted as a premium, but with tinypic.com, they get so many pageviews per day, over millions and millions I bet.