es) (any or all of the foregoing hereinafter referred to as Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that Undercover Condoms use of the Affiliate Trademarks infringes any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a rep