Can you explain your situation better because I'm unclear.

The A/C (and recirculate) will always go on when your turn it to Max A/C. That's the whole point of Max A/C.

I guessing it's working as designed. It has to do with the presets for "MAX A/C" vs regular "A/C". Basically, using the "MAX A/C" setting is a one-touch operation that sets the outlet to upper dash only and the intake system to recirculate. However, if you were to select any other setting, such as upper dash and floor outlets, it comes out of "MAX A/C" logic and reverts back to what setting were had before you picked "MAX A/C".